New Clause 15 — Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision

Orders of the Day — Nationality, Immigration and Asylum Bill — [1st Allotted Day] – in the House of Commons at 9:57 pm on 11th June 2002.

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'(1) A person who is in the United Kingdom may not bring an appeal under section 69 of the Immigration and Asylum Act 1999 (c.33) (asylum) or raise a question which relates to the Human Rights Convention under section 77 of that Act (one–stop appeals) if the Secretary of State certifies that the appeal or question, or a claim to which the appeal or question relates, is clearly unfounded.

(2) A person who is in the United Kingdom may not bring an appeal under section 69 of that Act, or raise a question which relates to the Human Rights Convention under section 77 of that Act, if the Secretary of State certifies that—

(a) it is proposed to remove the person to a country of which he is not a national or citizen, and

(b) there is no reason to believe that the person's rights under the Human Rights Convention will be breached in that country.

(3) A person who is in the United Kingdom may not bring an appeal under section 65 of that Act (human rights) or raise a question in reliance on section 65(3) if the Secretary of State certifies that the appeal or question, or a claim to which the appeal or question relates, is clearly unfounded.

(4) A person who is in the United Kingdom may not bring an appeal under section 65 of that Act (human rights) if the Secretary of State certifies that—

(a) it is proposed to remove the person to a country of which he is not a national or citizen, and

(b) there is no reason to believe that the person's rights under the Human Rights Convention will be breached in that country.

(5) In determining whether a person in relation to whom a certificate has been issued under subsection (2) or (4) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—

(a) a place where a person's life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and

(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.

(6) Where a person in relation to whom a certificate is issued under this section subsequently brings an appeal or raises a question under section 65, 69 or 77 of that Act while outside the United Kingdom, the appeal or question shall be considered as if he had not been removed from the United Kingdom.'.—[Beverley Hughes.]

Brought up, and read the First time.

Motion made, and Question put, That the clause be read a Second time:—

The House divided: Ayes 359, Noes 76.

Division number 265

See full list of votes (From The Public Whip)

Question accordingly agreed to.

Clause read a Second time, and added to the Bill.

Question put, That Government amendments Nos. 219 to 226 be made:—

The House divided: Ayes 358, Noes 66.

Division number 266

See full list of votes (From The Public Whip)

Question accordingly agreed to.