Clause 6 - Claimant's credibility

Asylum and Immigration (Treatment of Claimants, etc.) Bill – in a Public Bill Committee at 5:00 pm on 13th January 2004.

Alert me about debates like this

Amendments made: No. 98, in

clause 6, page 6, line 2, at end insert—

'( ) Without prejudice to the generality of subsection (1) the fact that a person did not make an asylum claim or human rights claim before being notified of an immigration decision shall be treated as behaviour that damages his credibility, unless the claim relies wholly on matters arising after the notification.

( ) Without prejudice to the generality of subsection (1) the fact that a person did not make an asylum claim or human rights claim before being arrested under an immigration provision shall be treated as behaviour that damages his credibility, unless—

(a) the person had no reasonable opportunity to make the claim before the arrest, or

(b) the claim relies wholly on matters arising after the arrest.'.

No. 99, in

clause 6, page 6, line 14, at end insert—

' ''immigration decision'' means—

(a) refusal of leave to enter the United Kingdom,

(b) refusal to vary a person's leave to enter or remain in the United Kingdom,

(c) grant of leave to enter or remain in the United Kingdom,

(d) a decision that a person is to be removed from the United Kingdom by way of directions under section 10(1)(a), (b), (ba) or (c) of the Immigration and Asylum Act 1999 (c.33) (removal of persons unlawfully in United Kingdom),

(e) a decision that a person is to be removed from the United Kingdom by way of directions under paragraphs 8 to 12 of Schedule 2 to the Immigration Act 1971 (c.77) (control of entry: removal), and

(f) a decision to make a deportation order under section 5(1) of that Act,

(f) , ''immigration provision'' means—

(a) sections 28A, 28AA, 28B, 28C and 28CA of the Immigration Act 1971 (c.77) (immigration offences: enforcement),

(b) paragraph 17 of Schedule 2 to that Act (control of entry), and

(c) section 8 of this Act,

(c) , ''notified'' means notified in such manner as may be specified by regulations made by the Secretary of State,'.

No. 100, in

clause 6, page 6, line 30, at end insert—

'( ) Regulations under subsection (4) specifying a manner of notification may, in particular—

(a) apply or refer to regulations under section 105 of the Nationality, Immigration and Asylum Act 2002 (c.41) (notice of immigration decisions);

(b) make provision similar to provision that is or could be made by regulations under that section;

(c) modify a provision of regulations under that section in its effect for the purpose of regulations under this section;

(d) provide for notice to be treated as received at a specified time if sent to a specified class of place in a specified manner.

( ) Regulations under subsection (4) specifying a manner of notification—

(a) may make incidental, consequential or transitional provision,

(b) shall be made by statutory instrument, and

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.—[Beverley Hughes.]

Clause 6, as amended, ordered to stand part of the Bill.