Immigration, Asylum and Nationality Bill

House of Lords

Session 2005 - 06
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Immigration, Asylum and Nationality Bill

Immigration, Asylum and Nationality Bill
Schedule 1 — Immigration and Asylum Appeals: Consequential Amendments
35

Schedules
Schedule 1
Section 14

Immigration and Asylum Appeals: Consequential Amendments
Nationality, Immigration and Asylum Act 2002 (c. 41)
1
The Nationality, Immigration and Asylum Act 2002 (appeals) shall be
5
amended as follows.
2
In section 72(9) (serious criminal) after “, 83” insert “, 83A”.
3
In section 85(4) (matters to be considered) for “or 83(2)” substitute “, 83(2) or
83A(2)”.
4
In section 86(1) (determination of appeal) for “or 83.” substitute “, 83 or 83A.”
10
5
In section 87(1) (successful appeal: direction) for “or 83” substitute “, 83 or
83A”.
6
In section 97(1) and (3) (national security, &c.) for “or 83(2)” substitute “,
83(2) or 83A(2)”.
7
In section 103A(1) (review of Tribunal’s decision) for “or 83” substitute “, 83
15
or 83A”.
8
In section 103E(1) (appeal from Tribunal sitting as panel) for “or 83”
substitute “, 83 or 83A”.
9
In section 106(1)(a) and (b) (rules) for “or 83” substitute “, 83 or 83A”.
10
In section 108(1)(a) (forged document: proceedings in private) for “or 83”
20
substitute “, 83 or 83A”.
11
In section 112 (regulations and orders) in subsection (5) for “94(6)” substitute
“94(6) or (6B)”.
Race Relations Act 1976 (c. 74)
12
In section 57A(5) of the Race Relations Act 1976 (discrimination claims in
25
immigration cases) in the definition of “immigration appellate body” for “an
adjudicator appointed for the purposes of Part 5 of the 2002 Act, the
Immigration Appeal Tribunal,” substitute “the Asylum and Immigration
Tribunal,”.
British Nationality Act 1981 (c. 61)
30
13
In section 40A(3) of the British Nationality Act 1981 (deprivation of
citizenship: appeal) for “or 83” substitute “, 83 or 83A”.

Immigration, Asylum and Nationality Bill
Schedule 2 — Fees: Consequential Amendments
36

Special Immigration Appeals Commission Act 1997 (c. 68)
14
In section 2 of the Special Immigration Appeals Commission Act 1997
(jurisdiction: appeals)—
(a)
in subsection (1)(a) and (b) for “or 83(2)” substitute “, 83(2) or
83A(2)”,
5
(b)
in subsection (2)(a)—
(i)
after “3C” insert “or 3D”, and
(ii)
for “(continuation of leave pending variation decision)”
substitute “continuation of leave”, and
(c)
in subsection (3)—
10
(i)
for “an appeal against the rejection of a claim for asylum”
substitute “an appeal against a decision other than an
immigration decision”, and
(ii)
after “83(2)” insert “or 83A(2)”.
Schedule 2
15
Section 52

Fees: Consequential Amendments
British Nationality Act 1981 (c. 61)
1
In section 41 of the British Nationality Act 1981 (regulations and Orders in
Council)—
(a)
omit subsection (2), and
20
(b)
in subsection (3)—
(i)
omit “or (2)”, and
(ii)
omit paragraph (b).
2
Section 42A of the British Nationality Act 1981 (registration and
naturalisation: fee) shall cease to have effect.
25
Immigration and Asylum Act 1999 (c. 33)
3
Sections 5 and 27 of the Immigration and Asylum Act 1999 (charges) shall
cease to have effect.
Nationality, Immigration and Asylum Act 2002 (c. 41)
4
In section 10(2) (right of abode: certificate of entitlement)—
30
(a)
paragraph (e) shall cease to have effect, and
(b)
in paragraph (f) for “(a) to (e)” substitute “(a) to (d)”.
5
Section 122 (fee for work permit, &c.) shall cease to have effect.
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
6     (1)
Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act
35
2004 (amount of fees) shall be amended as follows.
      (2)
In subsection (1)—

Immigration, Asylum and Nationality Bill
Schedule 3 — Repeals
37

(a)
for “In prescribing a fee for an application or process under a
provision specified in subsection (2)” substitute “In prescribing a fee
under section 51 of the Immigration, Asylum and Nationality Act
2006 (fees) in connection with a matter specified in subsection (2)”,
and
5
(b)
omit “, with the consent of the Treasury,”.
      (3)
For subsection (2) substitute—
“(2)
Those matters are—
(a)
anything done under, by virtue of or in connection with a
provision of the British Nationality Act 1981 (c. 61) or of the
10
former nationality Acts (within the meaning given by section
50(1) of that Act),
(b)
an application for leave to remain in the United Kingdom,
(c)
an application for the variation of leave to enter, or remain in,
the United Kingdom,
15
(d)
section 10 of the Nationality, Immigration and Asylum Act
2002 (c. 41) (right of abode: certificate of entitlement),
(e)
a work permit, and
(f)
any other document which relates to employment and is
issued for a purpose of immigration rules or in connection
20
with leave to enter or remain in the United Kingdom.”
Schedule 3
Section 61

Repeals

Short title and chapter
Extent of repeal

Prison Act 1952 (c. 52)
Section 55(4A).

25

Immigration Act 1971 (c. 77)
In section 27, in paragraph (c) the words “as

owner or agent of a ship or aircraft or”.

Section 31A.

Section 32(5).

In Schedule 2, paragraph 4(2A).

30

British Nationality Act 1981
In section 40A(3), the word “and” before

paragraph (d).

Section 41(2).

In section 41(3)—

(a)
the words “or (2)”, and

35

(b)
paragraph (b).

Section 42A.

Asylum and Immigration Act
Sections 8 and 8A.

1996 (c. 49)

Immigration and Asylum Act
Section 5.

40

1999 (c. 33)
Section 27.

In section 167(1), the definition of “the

Immigration Acts”.

Anti-terrorism, Crime and
Section 33.

Security Act 2001 (c. 24)

45

Immigration, Asylum and Nationality Bill
Schedule 3 — Repeals
38

Short title and chapter
Extent of repeal

Nationality, Immigration and
Section 10(2)(e).

Asylum Act 2002 (c. 41)
Section 82(3).

Section 110.

Section 122.

5

Section 158.

Asylum and Immigration
Section 25.

(Treatment of Claimants, etc.)
In section 42(1) the words “, with the consent of

Act 2004 (c. 19)
the Treasury,”.

Section 44.

10

Civil Partnership Act 2004 (c.
Paragraph 2(3) of Schedule 23.

33)