Nationality, Immigration and Asylum Bill

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Mr. Malins: Amendment No. 411 will certainly not be defeated, for the simple reason that I beg to ask leave to withdraw it.

Amendment, by leave, withdrawn.

The Chairman: Before I call clause 75 stand part, on behalf of Mr. Hurst and myself, I thank members of the Committee for their kind words about our chairmanship and about the Clerks. By the same

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token, it has been a well-informed and good-natured Committee, and the duties of chairmanship have not been too onerous—indeed, they have been quite pleasant.

Question proposed, That the clause stand part of the Bill.

Simon Hughes: The clause deals with an important issue. The Minister has made some perfectly reasonable points, but we must be vigilant and ensure that we get such matters right. We may want to come back to the clause at a later stage.

Question put and agreed to.

Clause 75 ordered to stand part of the Bill.

Clause 76

Other grounds of public good

Mr. Malins: I beg to move amendment No. 413, in page 39, line 30, leave out paragraph (b).

The clause excludes cases from attracting a right of appeal when the Secretary of State certifies that a person's exclusion from the UK is conducive to the public good. The clause would allow the Executive to stop an appeal in mid-process. It would operate to end an appeal process without the person involved knowing the case against them, let alone having that case assessed independently. Does the Minister agree that that could be thought an unnecessary intrusion into the jurisdiction of the appellate authorities, their independence and the principles of fairness? Will she tell us what consultation, if any, was conducted with the immigration judiciary? Such a clause should not be introduced without prior consultation with the immigration judiciary. Given that such consultation must have taken place, what was the judiciary's opinion? The clause would prevent a matter seized by the appellate authorities from proceeding, and would make something of a dent in the so-called independence of the appellate process, which is under attack.

Simon Hughes: The hon. Gentleman and I share two objections to the clause. First, once again, it gives the Executive authority. Secondly, it gives a broad range of definitions where it should give very specific reasons that are similar to those in other legislation. We hope that we can get the clause into a proper state either through the amendment or at a later stage.

Angela Eagle: The provision is not new and is rarely used. It is necessary in the very rare cases in which a person arrives in the UK and presents such a danger to the public good that their swift removal is appropriate. The Secretary of State takes those decisions personally, and there must be such a grave threat to the public good that it is important that at his personal direction exclusion or removal can be effected. He certifies that the decision on exclusion or removal is conducive to the public good, or he could direct that such a decision should be made. That is what this is all about.

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In answer to the questions of the hon. Member for Woking, the immigration judiciary has had the opportunity to comment on the Bill, and no adverse comment has been made about the provision, which is because it is largely similar to provisions that already exist. The most recent decision on excluding a person that was judicially reviewed—

It being five minutes to Ten o'clock, The Chairman proceeded, pursuant to Sessional Order C [28 June 2001] and the Orders of the Committee [30 April and 9 May 2002], to put forthwith the Question already proposed from the Chair.

Amendment negatived.

The Chairman then proceeded to put forthwith the Questions necessary to dispose of the business to be concluded at that time.

Amendment made: No. 360, in page 39, line 34, at end insert—

    '( ) Subsection (2) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 62(1)(b) and (c).'.—[Angela Eagle.]

Clause 76, as amended, ordered to stand part of the Bill.

Clause 77

Sections 72, 75 and 76: appeal in progress

Amendment made: No. 361, in page 39, line 36, leave out '72,'.—[Angela Eagle.]

Clause 77, as amended, ordered to stand part of the Bill.

Clause 78 ordered to stand part of the Bill.

Schedule 4

The immigration Appeal Tribunal

Amendments made: No. 206, in page 74, line 33, leave out 'shall' and insert 'may'.

No. 204, in page 75, line 17, leave out paragraphs 9 and 10 and insert—

    'The Lord Chancellor—

    (a) may pay remuneration and allowances to members of the Tribunal,

    (b) may pay remuneration and allowances to staff of the Tribunal, and

    (c) may defray expenses of the Tribunal.'.

No. 205, in page 75, line 34, at end insert—

    '(2) A person may be appointed by the Lord Chancellor under sub-paragraph (1)(d) only if he has legal or other experience which in the Lord Chancellor's opinion makes him suitable for appointment as a legally qualified member.'.—[Angela Eagle.]

Schedule 4, as amended, agreed to.

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Clause 79

Appeal to Tribunal

Amendment made: No. 425, in page 40, line 8, at end insert—

    '(2) A party to an application to the Tribunal for permission to appeal under subsection (1) may apply to the High Court for a review of the Tribunal's decision on the ground that the Tribunal made an error of law.

    (3) Where an application is made under subsection (2)—

    (a) it shall be determined by a single judge by reference only to written submissions,

    (b) the judge may affirm or reverse the Tribunal's decision,

    (c) the judge's decision shall be final, and

    (d) if the judge thinks the application had no merit he shall issue a certificate under this paragraph (which shall be dealt with in accordance with Civil Procedure Rules).'.—[Angela Eagle.]

Clause 79, as amended, ordered to stand part of the Bill.

Clause 80

Decision

Amendments made: No. 362, in page 40, line 19, leave out from 'the' to 'including' in line 21 and insert 'adjudicator's decision,'.

No. 363, in page 40, line 22, leave out

    'date of the decision or arising after the'.

No. 364, in page 40, line 27, at end insert

    'or which concerns a matter which was relevant to the taking of the decision'.—[Angela Eagle.]

Clause 80, as amended, ordered to stand part of the Bill.

Clauses 81 to 83 ordered to stand part of the Bill.

Clause 84

Rules

Amendments made: No. 366, in page 41, line 36, leave out 'an appeal' and insert 'proceedings'.

No. 367, in page 41, line 37, leave out 'or 79' and insert ', 79 or 81'.

No. 368, in page 42, line 24, leave out

    'in accordance with section 64'.

No. 369, in page 42, line 26, leave out 'or 81'.

No. 370, in page 42, line 26, at end insert—

    '( ) may make provision (which may include presumptions) about service;'.

No. 365, in page 42, line 30, at end insert—

    '( ) may require or enable notice of a determination to be given on behalf of an adjudicator or the Tribunal;

    ( ) may make provision about the grant of bail by an adjudicator or the Tribunal (which may, in particular, include provision which applies or is similar to any enactment).'.

No. 426, in page 42, line 30, at end insert—

    '(2A) Rules under subsection (1)—

    (a) may enable an adjudicator or the Tribunal to make an award of costs or expenses,

    (b) may make provision (which may include provision conferring discretion on a court) for the taxation or assessment of costs or expenses,

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    (c) may make provision about interest on an award of costs or expenses (which may include provision conferring a discretion or providing for interest to be calculated in accordance with provision made by the rules),

    (d) may enable an adjudicator or the Tribunal to disallow all or part of a representative's costs or expenses,

    (e) may enable an adjudicator or the Tribunal to require a representative to pay specified costs or expenses, and

    (f) shall make provision in respect of proceedings before an adjudicator or the Tribunal which has an effect similar to that of section 79(3)(d) and the Civil Procedure Rules referred to there.'.—[Angela Eagle.]

Clause 84, as amended, ordered to stand part of the Bill.

Clauses 85 to 88 ordered to stand part of the Bill.

Clause 89

Interpretation

Amendments made: No. 371, in page 43, leave out lines 28 to 30.

No. 372, in page 43, line 31, leave out 'that Act' and insert

    'the Immigration Act 1971 (c.77)'.—[Angela Eagle.]

Clause 89, as amended, ordered to stand part of the Bill.

Clause 90 ordered to stand part of the Bill.

Schedule 5 agreed to.

Schedule 6

Immigration and Asylum Appeals: Consequential amendments

Amendments made: No. 384, in page 77, line 7, at end insert—

    'In paragraph 25 of that Schedule (rules) for ''section 22 of this Act'' substitute ''section 84 of the Nationality, Immigration and Asylum Act 2002 (appeals)''

    In paragraph 29 of that Schedule (bail pending appeal)—

    (a) in sub-paragraph (1), for the words from ''section'' to ''1999'' substitute ''Part 5 of the Nationality, Immigration and Asylum Act 2002'', and

    (b) for the words ''Appeal Tribunal'' substitute, in each place, ''Immigration Appeal Tribunal''.

    In paragraph 2(2) of Schedule 3 to that Act (deportation) for ''section 18 of this Act'' substitute ''section 83 of the Nationality, Immigration and Asylum Act 2002 (notice of decision)''.'

No. 385, in page 77, line 7, at end insert—

    'Race Relations Act 1976 (c. 74)

In section 53(1) (restriction of proceedings) for ''Part IV of the Immigration and Asylum Act 1999'' substitute ''Part 5 of the Nationality, Immigration and Asylum Act 2002''

    Section 57A (immigration cases) shall be amended as follows—

    (a) in subsection (1)(a) for ''Part IV of the 1999 Act'' substitute ''Part 5 of the 2002 Act'',

    (b) in subsection (5) for the definition of ''the Immigration Acts'' substitute—

    ''''the Immigration Acts'' has the meaning given by section 123 of the 2002 Act;'',

    (c) in that subsection in the definition of ''immigration appellate body'' for ''the 1999 Act'' substitute ''Part 5 of the 2002 Act'',

    (d) in that subsection for the definition of ''immigration authority'' substitute—

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    ''''immigration authority'' means the Secretary of State, an immigration officer or a person responsible for the grant or refusal of entry clearance (within the meaning of section 33(1) of the Immigration Act 1971 (c.77));'',

    (e) in that subsection in the definition of ''pending'' for ''Part IV of the 1999 Act'' substitute ''Part 5 of the 2002 Act'',

    (f) in that subsection in the definition of ''relevant decision'' for ''Part IV of the 1999 Act'' substitute ''Part 5 of the 2002 Act'',

    (g) in that subsection in the definition of ''relevant immigration proceedings'' for ''Part IV of the 1999 Act'' substitute ''Part 5 of the 2002 Act'', and

    (h) in that subsection for the definition of ''the 1999 Act'' substitute—

    ''''the 2002 Act'' means the Nationality, Immigration and Asylum Act 2002''.

    In section 62(1)(ba) (persistent discrimination) for ''Part IV of the Immigration and Asylum Act 1999'' substitute ''Part 5 of the Nationality, Immigration and Asylum Act 2002''

    In section 65(7)(b) (help for aggrieved person) for ''Part IV of the Immigration and Asylum Act 1999'' substitute ''Part 5 of the Nationality, Immigration and Asylum Act 2002''

    In section 66 (assistance by Commission)—

    (a) in subsection (8) for ''Part IV of the Immigration and Asylum Act 1999'' substitute ''Part 5 of the Nationality, Immigration and Asylum Act 2002'', and

    (b) in subsection (9) for ''Part IV of the Act of 1999'' substitute ''Part 5 of the Act of 2002''.'.

No. 386, in page 77, line 19, at end insert—

    '(2) The following provisions shall apply, with any necessary modifications, in relation to an appeal under this section as they apply in relation to an appeal under section 60(1) of the Nationality, Immigration and Asylum Act 2002—

    (a) section 3C of the Immigration Act 1971 (c.77) (continuation of leave pending variation decision),

    (b) section 57 of the Nationality, Immigration and Asylum Act 2002 (no removal while appeal pending),

    (c) section 62 of that Act (grounds of appeal),

    (d) section 63 of that Act (matters to be considered),

    (e) section [Adjudicator: determination of appeal] (determination of appeal),

    (f) section 83 of that Act (notice of immigration decision), and

    (g) section 87 of that Act (grants).'.

No. 387, in page 77, line 19, at end insert—

    'Section 2A of that Act (human rights) shall cease to have effect.'

No. 388, in page 77, line 25, at end insert—

    '(1) The Commission shall treat the appeal as including an appeal against any decision of which the Commission in respect of which the appellant—

    (a) has a right of appeal under section 60(1) of that Act, and

    (b) has specified, in accordance with rules under section 5 of this Act, grounds of appeal which comply with section 62 of that Act.'.

No. 389, in page 77, line 27, leave out

    'to the substance of the decision'.

No. 390, in page 77, line 28, at end insert 'appealed against'.

No. 391, in page 77, line 29, after 'clearance', insert

    '(within the meaning of section 33(1) of the Immigration Act 1971 (c.77))'.

No. 392, in page 77, line 30, at end insert

    '(under section 10 of the Nationality, Immigration and Asylum Act 2002)'.

No. 393, in page 77, line 33, at end insert

    'or which concerns a matter which was relevant to the taking of the decision'.

No. 394, in page 77, line 33, at end insert—

    'In section 7A of that Act (pending appeal)—

    (a) subsection (6) shall cease to have effect, and

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    (b) in subsection (7) for ''section 62(3) of that Act 1999'' there shall be substituted ''section 75 of the Nationality, Immigration and Asylum Act 2002''.

    Schedule 2 to that Act shall cease to have effect.'

No. 395, in page 77, line 33, at end insert—

    'Immigration and Asylum Act 1999 (c. 33)

In section 23(1) of the Immigration and Asylum Act 1999 (monitoring refusal of entry clearance) for ''section 60(5)'' there shall be substituted ''section 69 or 70 of the Nationality, Immigration and Asylum Act 2002''

    No. 396, in page 77, line 35, after '27(10)', insert

    'of the Anti-terrorism, Crime and Security Act 2001'.—[Angela Eagle.]

Schedule 6, as amended, agreed to.

Clause 91 ordered to stand part of the Bill.

 
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