Clause 7 - Abandonment of appeal
Immigration, Asylum and Nationality Bill
3:00 pm
Evan Harris (Science, Non-Departmental & Cross Departmental Responsibilities; Oxford West and Abingdon, Liberal Democrat)
I beg to move amendment No. 95, in clause 7, page 4, line 25, at end add—
'(4B) This section shall not apply where an applicant's appeal has been allowed on human rights grounds but dismissed on Refugee Convention grounds and the pending appeal relates to the dismissal of the Refugee Convention claim.'.
I am pleased that we are making progress and I hope that we shall continue to do so. Clause 7 covers the abandonment of an appeal and new section 104(4) of the Nationality, Immigration and Asylum Act 2002 provides that when an appeal is pending, it should be treated as abandoned if the appellant is
''granted leave to enter or remain in the''
UK or leaves the UK. Under the new section, neither of those events would cause an appeal to be abandoned if it was not brought in the UK. Under the amendment, the appeal would not be treated as abandoned if the person is granted leave to enter or remain in the UK on human rights grounds if they are waiting for an appeal against the denial of refugee status. That is just about clear to me even now, as it was at breakfast, and I hope that the Minister will give a positive response to that approach.