Clause 4 - Entry clearance
Immigration, Asylum and Nationality Bill
1:45 pm
Andy Burnham (Parliamentary Under-Secretary, Home Office; Leigh, Labour)
I believe that we all have an interest in making progress this afternoon, and with these amendments we can be brief. The main one is Government amendment No. 55, which removes subsection (3) of proposed new section 88A in clause 4. Government amendments Nos. 56 to 58 are consequential on the removal of that subsection. My hon. Friend the Minister of State, who has briefly left the Committee, is fond of describing Opposition amendments as otiose. In the interests of balance we can acknowledge that that description could apply to a small section of our own Bill.
The amendment removes the order-making power in clause 4(3) to remove full rights of appeal in entry clearance cases. The power was taken by the Government in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 and was intended to be used to remove full rights of appeal by the specification of provisions of the immigration rules. Perhaps it would help the Committee if I gave an example of the kind of scenario in which it was envisaged it would be used. It could have been used to remove full rights of appeal for people refused entry clearance to study, but who fail to satisfy the requirements of the rule that their educational institution must appear on the register of providers.
Under clause 4, full appeal rights in entry clearance cases are conferred by the making of the regulations that we have been discussing today. There is therefore no requirement to retain the power currently contained in subsection (3). That is why in the interests of keeping our legislation tightly drafted, the Government intend to remove it from the Bill. The other amendments are consequential, and I hope that they will be accepted.
Amendment agreed to.
Amendments made: No. 56, in clause 4, page 3, line 33, leave out 'Subsections (1) and (3)' and insert 'Subsection (1)'.
No. 57, in clause 4, page 3, line 34, leave out 'do' and insert 'does'.
No. 58, in clause 4, page 3, line 36, leave out 'are' and insert 'is'—[Andy Burnham.]