Immigration and Asylum Bill - continued        House of Lords
PART I, IMMIGRATION: GENERAL - continued

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Offences
Deception.     26. In the 1971 Act, after section 24, insert-
 
 
"Deception.     24A. - (1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him-
 
    (a) he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or
 
    (b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.
      (2) "Enforcement action", in relation to a person, means-
 
 
    (a) the giving of directions for his removal from the United Kingdom ("directions") under Schedule 2 to this Act or section 9 of the Immigration and Asylum Act 1999;
 
    (b) the making of a deportation order against him under section 5 of this Act; or
 
    (c) his removal from the United Kingdom in consequence of directions or a deportation order.
      (3) A person guilty of an offence under this section is liable-
 
 
    (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
 
    (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
      (4) The extended time limit for prosecutions which is provided for by section 28 applies to an offence under this section."
 
Facilitation of entry.     27. - (1) Section 25 of the 1971 Act (assisting illegal entry) is amended as follows.
 
      (2) In subsection (1), for "seven" substitute "ten".
 
      (3) For subsection (1A) substitute-
 
 
    "(1A) Nothing in subsection (1)(b) applies to anything done in relation to a person who-
 
 
    (a) has been detained under paragraph 16 of Schedule 2 to this Act; or
 
    (b) has been granted temporary admission under paragraph 21 of that Schedule.
      (1B) Nothing in subsection (1)(b) applies to anything done by a person otherwise than for gain.
 
      (1C) Nothing in subsection (1)(b) applies to anything done to assist an asylum claimant by a person in the course of his employment by a bona fide organisation, if the purposes of that organisation include assistance to persons in the position of the asylum claimant.
 
      (1D) "Asylum claimant" means a person who intends to make a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention or the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom.
 
      (1E) "Refugee Convention" and "Human Rights Convention" have the meaning given in the Immigration and Asylum Act 1999."
 
      (4) In subsection (5), for "Subsection (1)(a)" substitute "Paragraphs (a) and (b) of subsection (1)".
 
False statements etc.     28. - (1) Section 26 of the 1971 Act (general offences in connection with administration of the Act) is amended as follows.
 
      (2) In subsection (1)(c), for "this Act" substitute "a relevant enactment".
 
      (3) After subsection (2), insert-
 
 
    "(3) "Relevant enactment" means-
 
 
    (a) this Act;
 
    (b) the Immigration Act 1988;
 
    (c) the Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5); or
 
    (d) the Immigration and Asylum Act 1999 (apart from Part VI)."
 
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