Immigration and Asylum Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 59
 
  
BY THE LORD DHOLAKIA
 
113     Page 38, line 32, at end insert ("implementation of which should include recognition of rape as persecution and therefore grounds as asylum") 
  
After Clause 59
 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
THE LORD HYLTON
THE BARONESS WILLIAMS OF CROSBY
 
114     Insert the following new Clause-- 
     (" .  A person who appeals under section 59 and who is under the age of 18 shall not be detained for any period while the outcome of his appeal remains undetermined.")Non-detention: persons under 18 years.
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
THE EARL RUSSELL
 
115     Insert the following new Clause-- 
     ("  .--(1)  Where the claim of a person who appeals under section 59(1) to be under the age of 18 is disputed--
    (a)  the Secretary of State shall ensure that an independent paediatric assessment of age is offered to that person within 72 hours of the disputed age being recorded;
    (b)  a finding of "reasonable likelihood" from any such assessment shall be construed as though it were confirmation that the person is under the age of 18; and
    (c)  the person shall not be detained for any period while the outcome of his appeal remains undetermined.
    (2)  A dependent child of a person who appeals under section 59 shall not be detained for any period while the outcome of the appeal remains undetermined unless such detention is in the best interests of that child.
 
    (3)  Where, for any reason, a person under the age of 18 is detained, section 25 of the Children Act 1989 shall apply.")
Non-detention of persons under 18: dispute of claimed age.
  
After Clause 61
 
  
BY THE COUNTESS OF MAR
THE LORD ALTON OF LIVERPOOL
THE EARL RUSSELL
 
116     Insert the following new Clause-- 
 ("Additional provisions for asylum determination 
     .  The Secretary of State shall adopt the Refugee Women's Legal Group's "Gender Guidelines for the Determination of Asylum Claims in the UK".")Provisions for asylum determination.
  
Clause 63
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
117     Page 41, line 20, leave out ("On the issuing of a certificate by the Secretary of State") and insert ("If the Adjudicator agrees with the opinion of the Secretary of State as expressed in a certificate issued") 
118     Page 41, line 34, at end insert--
 
    ("(11)  Nothing in this section shall apply to an appellant who was not legally represented at the time of his original appeal.")
 
  
Clause 64
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
118ZA*     Page 42, line 2, at end insert--
 
    ("(  )  This section also applies if--
    (a)  the Secretary of State has decided to make a deportation order against a person under section 5(1) of the 1971 Act as a result of his liability to deportation under section 3(5) of that Act; and
    (b)  that person, while he is in the United Kingdom, is entitled to appeal against that decision under the Special Immigration Appeals Commission Act 1997 or this Act.")
 
  
BY THE LORD DHOLAKIA
 
118A     Page 42, line 2, at end insert--
 
    ("(  )  This section also applies if directions are given for a person's removal from the United Kingdom under section 8 and he appeals to an adjudicator under section 56(2)(b), provided that he has not already exercised any right of appeal which he may have had under this or any other section in Part IV.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD WILLIAMS OF MOSTYN
 
119     Page 42, line 3, leave out subsection (3) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
120     Page 42, line 8, at end insert--
 
    ("(4A) A notice under subsection (4) shall state that the applicant is advised to seek legal advice immediately after receipt of the notice.")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
120YA     Page 42, line 14, at end insert ("and, where the applicant is a child, such period shall take account of any relevant circumstances applicable to the serving of the notice") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
120ZA     Page 42, line 14, at end insert ("except that where the applicant is a child, the time for serving of the notice shall take account of any relevant personal circumstances") 
  
BY THE LORD DHOLAKIA
 
120A     Page 42, line 19, at end insert ("; and
 
    (c)  if he claims that the decision to remove him under section 8 was not in accordance with the immigration rules or otherwise in accordance with the law, include notice of the immigration rule applicable and any other ground relied upon")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD WILLIAMS OF MOSTYN
 
121     Page 42, line 26, leave out subsection (10) 
  
After Clause 64
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
121A*     Insert the following new Clause-- 
     ("  .--(1)  This section applies if a person who--
    (a)  is an illegal entrant,
    (b)  is liable to be removed under section 8, or
    (c)  has arrived in the United Kingdom without--
          (i)  leave to enter;
          (ii)  an entry clearance; or
          (iii)  a current work permit in which he is named,
makes a claim for asylum or a claim that it would be contrary to the United Kingdom's obligations under the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom.
 
    (2)  The person responsible for the determination of the claim must serve on the claimant and on any relevant member of his family a notice requiring the recipient of the notice to state any additional grounds which he has or may have for wishing to enter or remain in the United Kingdom.
 
    (3)  The statement must be--
    (a)  in writing; and
    (b)  served on the person who is responsible for the determination of the claim before the end of such period as may be prescribed.
    (4)  Regulations may prescribe the procedure to be followed in connection with notices given and statements made in accordance with this section and, in particular, may prescribe the form in which such notices and statements are to be given or made.
 
    (5)  Regulations may prescribe the persons who, in relation to a claimant, are relevant members of his family.
 
    (6)  Regulations may provide that, if a claim is determined against the claimant, prescribed provisions of section 63, 65, 66 or 67 are to apply to an appeal against that determination by a person on whom a notice has been served under subsection (2), with such modifications (if any) as may be prescribed.")
Duty to disclose grounds for entering etc the United Kingdom.
  
Clause 65
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
122     Page 42, line 35, at end insert ("; and
    (d)  relevant circumstances" means any personal circumstances which may require the period of time for the serving of a statement from a child to be longer than the Secretary of State might otherwise prescribe")
 
  
Clause 67
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
122A*     Page 44, line 5, leave out ("Special Immigration Appeals") 
  
Clause 68
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
122B*     Page 44, line 10, after ("2(1)") insert ("or 2A") 
122C*     Page 44, line 12, leave out ("Special Immigration Appeals") 
122D*     Page 44, line 15, after ("64") insert ("or (Duty to disclose grounds for entering etc the United Kingdom)") 
122E*     Page 44, line 16, after ("2(1)") insert ("or 2A") 
122F*     Page 44, line 19, leave out ("Special Immigration Appeals") 
  
Clause 70
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
122G*     Page 45, line 6, after ("national") insert (", or a member of the family of an EEA national,") 
122H*     Page 45, line 14, at end insert ("or by which it is bound") 
122J*     Page 45, line 25, at end insert--
 
    ("(  )  The regulations may--
    (a)  amend sections 2 and 2A of the Special Immigration Appeals Commission Act 1997 (appellate jurisdiction of the Commission);
    (b)  amend or revoke the Immigration (European Economic Area) Order 1994.")
 
122K*     Page 45, line 30, leave out paragraph (b) 
122L*     Page 45, line 32, at end insert--
 
    ("(8A)  If a person claims to be an EEA national, he may not appeal under the regulations unless he produces--
    (a)  a valid national identity card, or
    (b)  a valid passport,
issued by an EEA State other than the United Kingdom.
 
    (8B)  For the purposes of subsection (8A), a document--
    (a)  is to be regarded as being what it purports to be unless its falsity is reasonably apparent; and
    (b)  is to be regarded as relating to the person producing it unless it is reasonably apparent that it relates to another person.")
 
122M*     Page 45, line 33, leave out subsection (9) and insert--
 
    ("(  )  Regulations may--
    (a)  prescribe the persons who, in relation to an EEA national, are the members of his family; and
    (b)  make provision as to the manner in which membership of a person's family is to be established.")
 
122N*     Page 45, line 37, leave out subsection (11) 
  
Clause 71
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
123     Page 46, line 2, at end insert--
 
    ("(3)  In the exercise of the power granted under subsection (1) the Secretary of State shall ensure that such advice and assistance is available in Northern Ireland.")
 
  
Clause 72
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
124     Page 46, line 6, at end insert--
    (""business" excludes any registered or exempt charity;")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
124A*     Page 46, line 15, at end insert-- 
 
    (""designated judge" has the same meaning as in section 119(1) of the Courts and Legal Services Act 1990;")
1990 c. 41.
  
Clause 73
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY
 
125     Page 47, line 24, leave out ("the Secretary of State after consulting") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
125A*     Page 47, line 25, at end insert ("and the Scottish Ministers") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
126     Page 47, line 25, at end insert ("and the Advocate General for Scotland") 
  
BY THE LORD DHOLAKIA
THE BARONESS WILLIAMS OF CROSBY
 
127     Page 47, line 27, at end insert ("and, in particular, to ensure that only those who are trained to do so provide such advice or services in respect of children") 
 
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Prepared 16 July 1999