Immigration and Asylum Bill - continued        House of Lords
SCHEDULE 13, CONSEQUENTIAL AMENDMENTS - continued

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The Asylum and Immigration Appeals Act 1993 (c.23)
     88. The Asylum and Immigration Appeals Act 1993 is amended as follows.
 
     89. Omit section 3 (fingerprinting).
 
     90. Omit sections 4 and 5 and Schedule 1 (housing of asylum-seekers and their dependants).
 
     91. Omit section 7 (curtailment of leave).
 
     92. Omit sections 8, 9, 10 and 11 and Schedule 2 (which relate to appeals).
 
     93. For paragraph (a) of section 9A(1) (bail pending appeal from Immigration Appeal Tribunal), substitute-
 
 
    "(a) has an appeal under Part IV of the Immigration and Asylum Act 1999 which is pending by reason of an appeal, or an application for leave to appeal, under paragraph 23 of Schedule 4 to that Act;".
     94. In section 9A(6), for "section 9 above" substitute "paragraph 23 of Schedule 4 of the Immigration and Asylum Act 1999".
 
     95. Omit section 12 (carriers' liability).
 
 
The Asylum and Immigration Act 1996 (c.49)
     96. The Asylum and Immigration Act 1996 is amended as follows.
 
     97. Omit section 7 (power of arrest and search warrants).
 
     98. Omit section 9 (entitlement to housing accommodation and assistance).
 
     99. Omit section 10 (entitlement to child benefit).
 
     100. Omit section 11 (saving for social security regulations).
 
     101. Omit Schedule 1 (modifications of social security regulations).
 
     102. In Schedule 2, omit sub-paragraphs (2) and (3) of paragraph 1, paragraph 3 and paragraph 4(2) (which are spent as a result of this Act).
 
     103. In Schedule 3, omit paragraphs 1, 2 and 5 (which are spent as a result of this Act).
 
 
The Housing Act 1996 (c.52)
     104. In section 183(2) of the Housing Act 1996 (interpretation of expressions related to assistance), in the definition of "eligible for assistance", omit "or section 186 (asylum seekers and their dependants)".
 
 
The Special Immigration Appeals Commission Act 1997 (c.68)
     105. The Special Immigration Appeals Act 1997 is amended as follows.
 
     106. In section 2 (appellate jurisdiction of the Commission), for subsection (1) substitute-
 
 
    "(1) A person may appeal to the Special Immigration Appeals Commission against a decision which he would be entitled to appeal against under any provision (other than section 53(2)) of Part IV of the Immigration and Asylum Act 1999 ("the 1999 Act") or the Immigration (European Economic Area) Order 1994 ("the 1994 Order") but for a public interest provision.
 
      (1A) "Public interest provision" means any of-
 
 
    (a) sections 54(9), 56(4), 58(1) or (2) or 64(1) to (6) of the 1999 Act; or
 
    (b) paragraphs (b), (c) or (d) of Article 20(2) of the 1994 Order.".
     107. In section 2(2) for "subsection (2) of section 13 of the Immigration Act 1971, but for subsection (5) of that section" substitute "section 53(2) of the 1999 Act but for section 54(9) of that Act".
 
     108. After section 2 insert-
 
 
"Jurisdiction: human rights.     2A. - (1) A person who alleges that an authority has, in taking an appealable decision, acted in breach of his human rights may appeal to the Commission against that decision.
 
    (2) For the purposes of this section, an authority acts in breach of a person's human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the Human Rights Act 1998.
 
      (3) Subsections (4) and (5) apply if, in any appellate proceedings being heard by the Commission, a question arises as to whether an authority has, in taking a decision which is the subject of the proceedings, acted in breach of the appellant's human rights.
 
      (4) The Commission has jurisdiction to consider the question.
 
      (5) If the Commission decides that the authority concerned acted in breach of the appellant's human rights, the appeal may be allowed on that ground.
 
      (6) "Authority" means-
 
 
    (a) the Secretary of State;
 
    (b) an immigration officer;
 
    (c) a person responsible for the grant or refusal of entry clearance.
      (7) "Appealable decision" means a decision against which a person would be entitled to appeal under Part IV of the 1999 Act or the 1994 Order but for a public interest provision.
 
      (8) "The 1999 Act", "the 1994 Order" and "public interest provision" have the same meaning as in section 2."
 
     109. In section 4 (determination of appeals), after subsection (1) insert-
 
 
    "(1A) If a certificate under section 64(4)(b) of the Immigration and Asylum Act 1999 has been issued, the Commission on an appeal to it under this Act may, instead of determining the appeal, quash the certificate and remit the appeal to an adjudicator."
 
     110. In section 7 (appeals from Commission), omit subsection (4).
 
     111. In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)-
 
 
    (a) in sub-paragraph (i), for "paragraph 1 of Schedule 5 to the Immigration Act 1971" substitute "section 51(2) of the Immigration and Asylum Act 1999"; and
 
    (b) in sub-paragraph (ii), for "paragraph 7 of that Schedule" substitute "paragraph 1(3) of Schedule 2 to that Act".
     112. In Schedule 2 (supplementary provisions as to appeals) for paragraphs 1 to 3 substitute-
 
 

"Stay on directions for removal
     1. If a person in the United Kingdom appeals under section 2(1) above on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given so long as the appeal is pending.
 
     2. If a person in the United Kingdom appeals under section 2(1) above against any directions given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for his removal from the United Kingdom, those directions except in so far as they have already been carried out, have no effect while the appeal is pending.
 
     3. But the provisions of Part I of Schedule 2 or, as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under section 2(1) above as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.
 
     3A. In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for the giving of directions under that paragraph for the removal of a person from the United Kingdom and for the giving of a notice of intention to give such directions, any period during which there is pending an appeal by him under section 2(1) above is to be disregarded.
 
     3B. If directions are given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for anyone's removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under section 2(1) above, the appeal has the same effect under paragraphs 1 to 3A in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant.
 
 
Suspension of variation of limited leave
     3C. A variation is not to take effect while an appeal is pending under section 2(1) above against the variation.
 
 
Continuation of leave
     3D. - (1) While an appeal under section 2(1) above is pending, the leave to which the appeal relates, and any conditions subject to which it was granted continue to have effect.
 
      (2) A person may not make an application for a variation of his leave to enter or remain while that leave is treated as continuing to have effect as a result of sub-paragraph (1).
 
      (3) For the purposes of section 2(1), in calculating whether, as a result of a decision, a person may be required to leave the United Kingdom within twenty-eight days, a continuation of leave under this paragraph is to be disregarded.
 
 
Deportation orders
     3E. A deportation order is not to be made against a person under section 5 of the 1971 Act while an appeal duly brought under section 2(1) above against the decision to make it is pending.
 
     3F. In calculating the period of eight weeks set by section 5(3) of the 1971 Act for making a deportation order against a person as belonging to the family of another person, there is to be disregarded any period during which an appeal under section 2(1) above against the decision to make the order is pending."
 
     113. In Schedule 2, in paragraph 4, for "the Immigration Act 1971 as applied by paragraphs 1 to 3 above" substitute "this Schedule"
 
     114. In Schedule 2, omit paragraph 5.
 
     115. In Schedule 2, for paragraphs 6 and 7 substitute-
 
 

"Notice of appealable decision and statement of appeal rights etc.
     6. Paragraph 1 of Schedule 4 to the Immigration and Asylum Act 1999 has effect as if section 2 of this Act were contained in Part IV of that Act.
 
 
Financial support for organisations helping persons with rights of appeal
     7. Section 76 of the Immigration and Asylum Act 1999 shall have effect as if section 2 above were contained in Part IV of that Act."
 
 
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Prepared 30 July 1999