New Clause 8 - Appeals: deportation

Immigration, Asylum and Nationality Bill – in a Public Bill Committee at 2:30 pm on 25th October 2005.

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‘(1)After section 97 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: national security) insert—

“97ANational security: deportation

(1)This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.

(2)Where this section applies—

(a)section 79 shall not apply,

(b)the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and

(c)for the purposes of section 2(5) of the Special Immigration Appeals Commission Act 1997 (c. 68) (appeals from within United Kingdom) it shall be assumed that section 92 of this Act—

(i)would not apply to an appeal against the decision to make the deportation order by virtue of section 92(2) to (3D),

(ii)would not apply to an appeal against that decision by virtue of section 92(4)(a) in respect of an asylum claim, and

(iii)would be capable of applying to an appeal against that decision by virtue of section 92(4)(a) in respect of a human rights claim unless the Secretary of State certifies that the removal of the person from the United Kingdom would not breach the United Kingdom’s obligations under the Human Rights Convention.

(3)A person in respect of whom a certificate is issued under subsection (2)(c)(iii) may appeal to the Special Immigration Appeals Commission against the issue of the certificate; and for that purpose the Special Immigration Appeals Commission Act 1997 shall apply as to an appeal against an immigration decision to which section 92 of this Act applies.

(4)The Secretary of State may repeal this section by order.”.’.

(2)In section 112 of that Act (regulations, &c.) after subsection (5A) insert—

“(5B)An order under section 97A(4)—

(a)must be made by statutory instrument,

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c)may include transitional provision.”.’.—[Mr. McNulty.]

Brought up, read the First and Second time, and added to the Bill.