Clause 1 - Variation of leave to enter or remain
Immigration, Asylum and Nationality Bill
4:30 pm
Eric Illsley (Barnsley Central, Labour)
With this we my discuss the following amendments: No. 89, in clause 1, page 1, line 12, leave out from 'Convention' to end of line 14.
No. 18, in clause 1, page 1, leave out lines 15 to 21.
No. 19, in clause 1, page 1, line 19, leave out 'and' and insert 'or'.
No. 70, in clause 1, page 1, line 21, at end insert—
'( ) After paragraph (g) insert—
''(ga) a decision that a person is to be removed from the United Kingdom by way of directions under section 10A of the Immigration and Asylum Act 1999''
( ) Section 92(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall be amended as follows.
( ) Leave out ''82(2)(c), (d)(e)(f) and (j)'' and replace with ''82(2)(c), (f), (fa), (fb), (ga) and (j)''.'.
No. 102, in clause 1, page 1, line 21, at end insert—
'(fc) No order shall be made under sub-paragraph (fb)(i) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.'.
No. 71, in clause 1, page 2, line 14, at end insert—
'( ) The Immigration and Asylum Act 1999 (c. 33) shall be amended as follows.
After Section 10 insert—
''Section 10A
(1) An immigration officer may decide that directions are to be given for the removal from the UK of a person if the Secretary of State has varied or refused to vary the person's leave to enter or remain with the effect that he has no leave to enter or remain otherwise than under section 10A(3).
(2) The immigration officer may give directions for the person's removal once the time for giving notice of appeal under section 82(2)(ga) of the Nationality, Immigration and Asylum Act 2002 (c. 41) has expired and no appeal under that subsection is pending.
(3) The person's leave to enter or remain in the United Kingdom, notwithstanding the variation or refusal to vary his leave to enter or remain, is extended for the period during which no decision under section 10A(1) is taken and an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) could be brought against a decision under section 10A(1) and whilst any appeal against that decision is pending.''.'.