Amendments proposed to the Nationality, Immigration And Asylum Bill - continued House of Commons

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Arrest by immigration officer

   

Angela Eagle

NC18

*To move the following Clause:—

    'The following shall be inserted after section 28A of the Immigration Act 1971 (c.77) (arrest without warrant)—

             "28AA

             Arrest with warrant

          (1)   This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under—

          (a) section 24(1)(d), or

          (b) section 8 of the Asylum and Immigration Act 1996 (c.49) (employment: offence).

          (2)   The justice of the peace may grant a warrant authorising any immigration officer to arrest the person.

          (3)   In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace."'.


Adjudicator: determination of appeal

   

Angela Eagle

NC 19

*To move the following Clause:—

    '(1)   This section applies on an appeal under section 60(1) or 61.

    (2)   The adjudicator must determine—

      (a) any matter raised as a ground of appeal (whether or not by virtue of section 63(A1)), and

      (b) any matter which section 63 requires him to consider.

    (3)   The adjudicator must allow the appeal in so far as he thinks that—

      (a) a decision against which the appeal is brought or is treated as being brought was not in accordance with the law (including immigration rules), or

      (b) a discretion exercised in making a decision against which the appeal is brought or is treated as being brought should have been exercised differently.

    (4)   In so far as subsection (3) does not apply, the adjudicator shall dismiss the appeal.

    (5)   Refusal to depart from or to authorise departure from immigration rules is not the exercise of a discretion for the purposes of subsection (3)(b).'.


Removal: serious criminal

   

Angela Eagle

NC 20

*To move the following Clause:—

    '(1)   This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from protection).

    (2)   A person shall be presumed to have been convicted by a final judgment of a particularly serious crime and to constitute a danger to the community of the United Kingdom if he is—

      (a) convicted in the United Kingdom of an offence, and

      (b) sentenced to a period of imprisonment of at least two years.

    (3)   A person shall be presumed to have been convicted by a final judgment of a particularly serious crime and to constitute a danger to the community of the United Kingdom if—

      (a) he is convicted outside the United Kingdom of an offence,

      (b) he is sentenced to a period of imprisonment of at least two years, and

      (c) he could have been sentenced to a period of imprisonment of at least two years had his conviction been a conviction in the United Kingdom of a similar offence.

    (4)   A presumption under subsection (2) or (3) that a person constitutes a danger to the community is rebuttable by that person.

    (5)   A presumption under subsection (2) or (3) does not apply while an appeal against conviction or sentence—

      (a) is pending, or

      (b) could be brought (disregarding the possibility of appeal out of time with leave).

    (6)   Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (no need to consider gravity of fear or threat of persecution) applies for the purpose of considering whether a presumption mentioned in subsection (4) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.

    (7)   Subsection (8) applies where—

      (a) a person appeals under section 60, 61 or 79 of this Act or under section 2 of the Special Immigration Appeals Commission Act 1997 (c.68) wholly or partly on the ground specified in section 62(1)(g), and

      (b) the Secretary of State issues a certificate that presumptions under subsection (2) or (3) apply to the person (subject to rebuttal).

    (8)   The adjudicator, Tribunal or Commission hearing the appeal—

      (a) must begin substantive deliberation on the appeal by considering the certificate, and

      (b) if in agreement that presumptions under subsection (2) or (3) apply (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in section 62(1)(g).

    (9)   For the purposes of this section—

      (a) "the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and

      (b) a reference to a person who is sentenced to a period of imprisonment does not include a reference to a person who receives a suspended sentence but does include a reference to a person who is sentenced to a period of custody in an institution other than a prison.'.


British citizenship
   

Mr Neil Gerrard

NC2

To move the following Clause:—

       'Any person who was a British Overseas citizen under the British Nationality Act 1981 or the Hong Kong Act 1985 or a British subject, or a British Protected Person, immediately before commencement of this Act, and who holds no other citizenship, shall at commencement of this Act become a British citizen.'.


Entitlements of expectant mothers and children (No. 2)

   

Mr Neil Gerrard

NC6

To move the following Clause:—

    '.—(1)   Any scheme made under section 13(3) of the Social Security Act 1988 (c.7) shall provide that entitlement to free milk, dried milk and vitamins shall extend to expectant mothers or children under the age of five who are, or are members of a family in which a person is, supported under Part VI of the Immigration and Asylum Act 1999 (c.33).

    (2)   The Secretary of State shall make regulations amending the Welfare Food Regulations 1996 so as to give effect to the requirement set out in subsection (1).'.


Operation of centres
   

Simon Hughes
Mr Richard Allan

NC7

To move the following Clause:—

    '(1)   The Secretary of State must appoint a committee (to be known as the Visiting Committee) for each accommodation centre.

    (2)   The Secretary of State shall prescribe the functions of the Visiting Committee by making regulations under this Part.

    (3)   Those regulations must include provision—

      (a) as to the making of visits to the centre by members of the Visiting Committee;

      (b) for the hearing of complaints made by persons detained by the Visiting Committee to the Secretary of State;

      (c) requiring the making of reports by the Visiting Committee to the Secretary of State;

      (d) that every member of the Visiting Committee for an accommodation centre may at any time enter the centre and have free access to every part of it and to every person residing there.

    (4)   Accommodation centres created under this Part may also be inspected by HM Inspectorate of Prisons and the Social Services Inspectorate, whenever they think it appropriate.'.


Accommodation centres: Northern Ireland (No. 2)
   

Simon Hughes
Mr Richard Allan

NC9

To move the following Clause:—

       'The Secretary of State may not make arrangements under section 14 for the provision of premises in Northern Ireland unless he has consulted the Northern Ireland Ministers.'.


Accommodation provided under sections 95 and 98 of the Immigration and Asylum Act 1999
   

Simon Hughes
Mr Richard Allan

NC12

To move the following Clause:—

    '(1)   After section 97(1) of the Immigration and Asylum Act 1999 (c. 33) (Supplemental) there is added:

          "(1A)   Accommodation provided under section 95 will only be regarded as adequate provided:

          (a) it is fit for human habitation as defined by section 604 of the Housing Act 1985 (as amended);

          (b) occupation of the accommodation by the asylum seekers and their dependants (if any) will not constitute overcrowding as defined by sections 324, 325 and 326 of the Housing Act 1985;

          (c) it does not constitute a statutory nuisance as defined by section 79 of the Environmental Protection Act 1990;

          (d) the Secretary of State is satisfied that, if occupied by them, the asylum seekers and their dependants (if any) would be reasonably safe from personal injury or from damage to their property caused by a relevant defect, as defined by section 4 of the Defective Premises Act 1972.".

    (2)   After section 100(1) of the Immigration and Asylum Act 1999 (c. 33) (local authority and other assistance for Secretary of State) there is added—

          "(1A)   The Secretary of State may ask a local housing authority to take such steps as they are allowed by law to ensure accommodation provided under section 95 is adequate as defined by section 97(1A).".'.


Support for council tax
   

Simon Hughes
Mr Richard Allan

NC13

To move the following Clause:—

    '(1)   Schedule 8 of the Immigration and Asylum Act 1999 shall be amended by the insertion after paragraph 3 of the following—

          "(3A)   The regulations shall make provision that the needs of a person to be taken into account by the Secretary of State when deciding—

          (a) if a person is destitute, and

          (b) if support is required to be provided,

          (c) the amount of support to be provided shall include the rent and similar charges and the Council Tax if any payable by the person or his dependant.".

    (2)   Schedule 9 to the Immigration and Asylum Act 1999 shall be amended by the insertion after paragraph 7 of the following—

          "(7A)   The regulations shall make provision that the needs of a person to be taken into account by the local authority when deciding

          (a) if a person is destitute, and

          (b) if support is required to be provided,

          (c) the amount of support to be provided shall include the rent and similar charges and the Council Tax if any payable by the person or his dependant.".

    (3)   The Secretary of State shall make provision by regulations made under Schedules 8 and 9 to the Immigration and Asylum Act 1999 in respect of a qualifying person to be paid whether directly or indirectly for the Council Tax and any court or bailiff's costs in respect of the qualifying period.

    (4)   In this section—

      (a) "A qualifying person" is a person

      (i) who or whose dependant was liable to pay Council Tax in respect of a time when he was or ought to have been in receipt of support under section 95 of the Immigration and Asylum Act 1999,

      (ii) whose needs to be met by the funder (subject to the resources of the person), as calculated by the funder did not include Council Tax, and

      (iii) where that person has not subsequently received Council Tax benefit in respect of that period.

      (b) "The qualifying period" is the period or periods in relation to which the person was a qualifying person,

      (c) "funder" is the Secretary of State in cases where the Secretary of State was the person supplying the support under section 95(1) and the relevant local authority when the support was supplied under section 95(13), and

      (d) "section 95" means section 95 of the Immigration and Asylum Act 1999.

    (5)   This section shall come into force 7 days after the passing of this Act.'.

 
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