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

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Angela Eagle

396

Schedule     6,     page     77,     line     35,     after '27(10)', insert 'of the Anti-terrorism, Crime and Security Act 2001'.


   

Angela Eagle

373

Clause     92,     page     45,     line     6,     after 'taken', insert 'or may be taken'.


   

Angela Eagle

374

Page     45,     line     19,     leave out Clause 93.


NEW CLAUSES

Unlawful presence in United Kingdom

   

Angela Eagle

NC1

To move the following Clause:—

    '(1)   This section applies for the construction of a reference to being in the United Kingdom "in breach of the immigration laws" in section 4(2) or (4) or 50(5) of, or Schedule 1 to, the British Nationality Act 1981 (c.61).

    (2)   A person is in the United Kingdom in breach of the immigration laws if (and only if) he—

      (a) is in the United Kingdom,

      (b) does not have the right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971 (c.77),

      (c) does not have leave to enter or remain in the United Kingdom (whether or not he previously had leave),

      (d) is not a qualified person within the meaning of the Immigration (European Economic Area) Regulations 2000 (S.I. 2000/2326) (person entitled to reside in United Kingdom without leave) (whether or not he was previously a qualified person),

      (e) is not a family member of a qualified person within the meaning of those regulations (whether or not he was previously a family member of a qualified person),

      (f) is not entitled to enter and remain in the United Kingdom by virtue of section 8(1) of the Immigration Act 1971 (c.77) (crew) (whether or not he was previously entitled), and

      (g) does not have the benefit of an exemption under section 8(2) to (4) of that Act (diplomats, soldiers and other special cases) (whether or not he previously had the benefit of an exemption).

    (3)   Section 11(1) of the Immigration Act 1971 (c.77) (person deemed not to be in United Kingdom before disembarkation, while in controlled area or while under immigration control) shall apply for the purposes of this section as it applies for the purposes of that Act.

    (4)   This section shall be treated as always having had effect.

    (5)   This section is without prejudice to the generality of—

      (a) a reference to being in a place outside the United Kingdom in breach of immigration laws, and

      (b) a reference in a provision other than one specified in subsection (1) to being in the United Kingdom in breach of immigration laws.'.


Accommodation centres: Northern Ireland (No. 1)
   

Angela Eagle

NC3

To move the following Clause:—

    '(1)   The Secretary of State may not make arrangements under section 14 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy First Minister.

    (2)   The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Northern Ireland.

    (3)   An order under subsection (2) may, in particular—

      (a) apply, disapply or modify the effect of an enactment (which may include a provision made by or under Northern Ireland legislation);

      (b) make provision having an effect similar to the effect of a provision of section 30 or 31.'.


Accommodation centres: Wales
   

Angela Eagle
Simon Hughes
Mr Richard Allan

NC4

To move the following Clause:—

    'The Secretary of State may not make arrangements under section 14 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.'.


Withdrawal of support under Part 2
   

Angela Eagle

NC10

To move the following Clause:—

    '(1)   The Secretary of State may stop providing support for a person under section 15 or 22 if—

      (a) the Secretary of State suspects that the person or a dependant of his has committed an offence by virtue of section 29, or

      (b) the person or a dependant of his has failed to comply with directions of the Secretary of State as to the time or manner of travel to accommodation provided under section 15 or 22.

    (2)   The Secretary of State may by regulations specify other circumstances in which he may stop providing support for a person under section 15 or 22.

    (3)   In determining whether or not to provide a person with support or assistance under section 15 or 22 of this Act or section 4, 95 or 98 of the Immigration and Asylum Act 1999 (c.33) (asylum-seeker) the Secretary of State may take into account the fact that—

      (a) he has withdrawn support from the person by virtue of this section or section 26(4) or (5), or

      (b) circumstances exist which would have enabled the Secretary of State to withdraw support from the person by virtue of this section had he been receiving support.

    (4)   This section is without prejudice to section 103 of the Immigration and Asylum Act 1999 (c.33) (appeal against refusal to support).'.


Support for asylum-seeker: family with children
   

Angela Eagle

NC11

To move the following Clause:—

    'The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c.33) (destitute asylum-seeker with child: duty to support)—

      "122    Family with children    
          (1)   This section applies where a person ("the asylum-seeker") applies for support under section 95 of this Act or section 15 of the Nationality, Immigration and Asylum Act 2002 (accommodation centres) if—

          (a) the Secretary of State thinks that the asylum-seeker is eligible for support under either or both of those sections, and

          (b) the asylum-seeker's household includes a dependant child who is under 18.

          (2)   The Secretary of State must offer the provision of support for the child, as part of the asylum-seeker's household, under one of the sections mentioned in subsection (1).

          (3)   A local authority (or, in Northern Ireland, an authority) may not provide assistance for a child if—

          (a) the Secretary of State is providing support for the child in accordance with an offer under subsection (2),

          (b) an offer by the Secretary of State under subsection (2) remains open in respect of the child, or

          (c) the Secretary of State has agreed that he would make an offer in respect of the child under subsection (2) if an application were made as described in subsection (1).

          (4)   In subsection (3) assistance means assistance under—

          (a) section 17 of the Children Act 1989 (c.41) (local authority support),

          (b) section 22 of the Children (Scotland) Act 1995 (c.36) (similar provision for Scotland), or

          (c) Article 18 of the Children (Northern Ireland) Order 1995 (S.I. 1995/775 (N.I. 2)) (similar provision for Northern Ireland).

          (5)   The Secretary of State may by order disapply subsection (3) in specified circumstances.

          (6)   Where subsection (3) ceases to apply to a child because the Secretary of State stops providing support, no local authority may provide assistance for the child except the authority for the area within which the support was provided.".'.


Detention centres: custodial functions

   

Angela Eagle

NC15

To move the following Clause:—

    '(1)   The following shall be substituted for section 154(5) of the Immigration and Asylum Act 1999 (c.33) (power to confer functions of detainee custody officers on prison officers and prisoner custody officers)—

          "(5)   The Secretary of State may confer functions of detainee custody officers on prison officers or prisoner custody officers."

    (2)   The following shall be added at the end of Schedule 11 to that Act (detainee custody officers)—

          "Prison officers and prisoner custody officers

         A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions."

    (3)   The following shall be added at the end of Schedule 12 to that Act (discipline at detention centre)—

          "Prison officers and prisoner custody officers

         A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions."'.


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).'.

 
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