Asylum and Immigration (Treatment of Claimants, etc.) Bill
AMENDMENTS
TO BE MOVED
IN COMMITTEE
(ON RECOMMITMENT)
| | THE BARONESS SCOTLAND OF ASTHAL |
| Insert the following new Clause— |
| | "Failed asylum seekers: accommodation |
| (1) | At the end of section 4 of the Immigration and Asylum Act 1999 (c. 33) (provision of accommodation for failed asylum seekers, &c.) add— |
| "(5) | The Secretary of State may make regulations specifying criteria to be used in determining— |
| (a) | whether or not to provide accommodation, or arrange for the provision of accommodation, for a person under this section; |
| (b) | whether or not to continue to provide accommodation, or arrange for the provision of accommodation, for a person under this section. |
| (6) | The regulations may, in particular— |
| (a) | provide for the continuation of the provision of accommodation for a person to be conditional upon his performance of or participation in community activities in accordance with arrangements made by the Secretary of State; |
| (b) | provide for the continuation of the provision of accommodation to be subject to other conditions; |
| (c) | provide for the provision of accommodation (or the continuation of the provision of accommodation) to be a matter for the Secretary of State's discretion to a specified extent or in a specified class of case. |
| (7) | For the purposes of subsection (6)(a)— |
| (a) | "community activities" means activities that appear to the Secretary of State to be beneficial to the public or a section of the public, and |
| (b) | the Secretary of State may, in particular— |
| (i) | appoint one person to supervise or manage the performance of or participation in activities by another person; |
| (ii) | enter into a contract (with a local authority or any other person) for the provision of services by way of making arrangements for community activities in accordance with this section; |
| (iii) | pay, or arrange for the payment of, allowances to a person performing or participating in community activities in accordance with arrangements under this section. |
| (8) | Regulations by virtue of subsection (6)(a) may, in particular, provide for a condition requiring the performance of or participation in community activities to apply to a person only if the Secretary of State has made arrangements for community activities in an area that includes the place where accommodation is provided for the person. |
| (9) | A local authority or other person may undertake to manage or participate in arrangements for community activities in accordance with this section." |
| (2) | In section 166(5) of that Act (regulations: affirmative instrument) before paragraph (a) insert— |
| (3) | In section 103 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers: appeal) as it has effect before the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002 (c. 41)— |
| (a) | after subsection (2) insert— |
| "(2A) | If the Secretary of State decides not to provide accommodation for a person under section 4, or not to continue to provide accommodation for a person under section 4, the person may appeal to an adjudicator.", and |
| (b) | in subsections (6) and (7) for "section 95" substitute "section 4 or 95". |
| (4) | In section 103 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers: appeal) as it has effect after the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002 (c. 41)— |
| (a) | for subsection (1) substitute— |
| "(1) | This section applies where a person has applied for support under all or any of the following provisions— |
| (c) | section 17 of the Nationality, Immigration and Asylum Act 2002 (c.41).", |
| (b) | in subsection (4)(a) for "the other provision" substitute "another of those provisions", and |
| (c) | in subsection (7) for "subsection (1)(a) or (b)" substitute "subsection (1)". |
| (5) | In section 103A of the Immigration and Asylum Act 1999 (c. 33) (appeal about location of support) in subsection (1) (and in the heading) for "section 95" substitute "section 4 or 95". |
| (6) | In an amendment made by this section a reference to providing accommodation includes a reference to arranging for the provision of accommodation. |
| (7) | Regulations under section 4(5)(b) of the Immigration and Asylum Act 1999 (c. 33) (as inserted by subsection (1) above) may apply to persons receiving support under section 4 when the regulations come into force." |
| Insert the following new Clause— |
| | "Accommodation for asylum seekers: local connection |
| (1) | At the end of section 199 of the Housing Act 1996 (c. 52) (local connection) add— |
| "(6) | A person has a local connection with the district of a local housing authority if he was (at any time) provided with accommodation in that district under section 95 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers). |
| (7) | But subsection (6) does not apply to the provision of accommodation in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (use of accommodation centres for section 95 support)." |
| (2) | Subsection (3) applies where— |
| (a) | a local housing authority would (but for subsection (3)) be obliged to secure that accommodation is available for occupation by a person under section 193 of the Housing Act 1996 (c. 52) (homeless persons), |
| (b) | the person was (at any time) provided with accommodation in a place in Scotland under section 95 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers), |
| (c) | the accommodation was not provided in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (use of accommodation centres for section 95 support), and |
| (d) | the person has neither— |
| (i) | a local connection with the district of a local housing authority (in England or Wales) within the meaning of section 199 of the Housing Act 1996 (c. 52) as amended by subsection (1) above, nor |
| (ii) | a local connection with a district (in Scotland) within the meaning of section 27 of the Housing (Scotland) Act 1987 (c. 26). |
| (3) | Where this subsection applies— |
| (a) | the duty of the local housing authority under section 193 of the Housing Act 1996 (c. 52) in relation to the person shall not apply, but |
| (b) | the local housing authority— |
| (i) | may secure that accommodation is available for occupation by the person for a period giving him a reasonable opportunity of securing accommodation for his occupation, and |
| (ii) | may provide the person (or secure that he is provided with) advice and assistance in any attempts he may make to secure that accommodation becomes available for his occupation." |
| Insert the following new Clause— |
| | "Refugee: back-dating of benefits |
| (1) | Section 123 of the Immigration and Asylum Act 1999 (c. 33) (back-dating of benefits for refugees) shall cease to have effect. |
| (2) | Accordingly (and without prejudice to any other implied repeal, revocation or amendment) the following (each of which concerns the treatment of refugees) lapse— |
| (a) | in the Income Support (General) Regulations 1987 (S.I. 1987/1967)— |
| (ii) | paragraph 18A of Schedule 1B, and |
| (iii) | paragraph 57 of Schedule 9, |
| (b) | in the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987/459)— |
| (ii) | paragraph 18A of Schedule 1B, and |
| (iii) | paragraph 57 of Schedule 9, |
| (c) | in the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968)— |
| (ii) | regulation 6(4D), and |
| (d) | in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987/465)— |
| (ii) | regulation 6(4D), and |
| (e) | in the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971)— |
| (iii) | paragraph 62 of Schedule 4, and |
| (iv) | paragraph 51 of Schedule 5, |
| (f) | in the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987/461)— |
| (iii) | paragraph 63 of Schedule 4, and |
| (iv) | paragraph 49 of Schedule 5, and |
| (g) | in the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814)— |
| (iii) | paragraph 61 of Schedule 4, and |
| (iv) | paragraph 51 of Schedule 5. |
| (3) | An order under section 35 bringing this section into force may, in particular, provide for this section to have effect in relation to persons recorded as refugees after a specified date (irrespective of when the process resulting in the record was begun)." |
| Insert the following new Clause— |
| | "Integration loan for refugees |
| (1) | The Secretary of State may make regulations enabling him to make loans to refugees. |
| (2) | A person is a refugee for the purpose of subsection (1) if the Secretary of State has— |
| (a) | recorded him as a refugee within the meaning of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951, and |
| (b) | granted him indefinite leave to enter or remain in the United Kingdom (within the meaning of section 33(1) of the Immigration Act 1971 (c. 77)). |
| (3) | Regulations under subsection (1)— |
| (a) | shall specify matters which the Secretary of State shall, in addition to other matters appearing to him to be relevant, take into account in determining whether or not to make a loan (and those matters may, in particular, relate to— |
| (i) | a person's income or assets, |
| (ii) | a person's likely ability to repay a loan, or |
| (iii) | the length of time since a person was recorded as a refugee), |
| (b) | shall enable the Secretary of State to specify (and vary from time to time) a minimum and a maximum amount of a loan, |
| (c) | shall prevent a person from receiving a loan if— |
| (i) | he is under the age of 18, |
| (ii) | he is insolvent, within a meaning given by the regulations, or |
| (iii) | he has received a loan under the regulations, |
| (d) | shall make provision about repayment of a loan (and may, in particular, make provision— |
| (ii) | for repayment by deduction from a social security benefit or similar payment due to the person to whom the loan is made), |
| (e) | shall enable the Secretary of State to attach conditions to a loan (which may include conditions about the use of the loan), |
| (f) | shall make provision about— |
| (i) | the making of an application for a loan, and |
| (ii) | the information, which may include information about the intended use of a loan, to be provided in or with an application, |
| (g) | may make provision about steps to be taken by the Secretary of State in establishing an applicant's likely ability to repay a loan, |
| (h) | may make provision for a loan to be made jointly to more than one refugee, and |
| (i) | may confer a discretion on the Secretary of State. |
| (4) | Regulations under this section— |
| (a) | shall be made by statutory instrument, and |
| (b) | may not be made unless a draft has been laid before and approved by resolution of each House of Parliament." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| Insert the following new Clause— |
| | "Person subject to immigration control: procedure for marriage: England and Wales |
| (1) | This section applies to a marriage— |
| (a) | which is to be solemnised on the authority of certificates issued by a superintendent registrar under Part III of the Marriage Act 1949 (c. 76), and |
| (b) | a party to which is subject to immigration control. |
| (2) | In relation to a marriage to which this section applies, a notice under section 27 of the Marriage Act 1949 (c. 76)— |
| (a) | may be given to the superintendent registrar of a registration district specified for the purpose of this paragraph by regulations made by the Secretary of State, |
| (b) | may not be given to the superintendent registrar of any other registration district, |
| (c) | may be given only if each party to the marriage has been resident in a registration district for the period of seven days immediately before the giving of the notice (but the district need not be that in which the notice is given and the parties need not have resided in the same district), and |
| (d) | shall state, in relation to each party, the registration district by reference to which paragraph (c) is satisfied. |
| (3) | The superintendent registrar shall not enter in the marriage notice book notice of a marriage to which this section applies unless satisfied, by the provision of specified evidence, that the party subject to immigration control— |
| (a) | has an entry clearance granted expressly for the purpose of enabling him to marry in the United Kingdom, |
| (b) | has the written permission of the Secretary of State to marry in the United Kingdom, or |
| (c) | falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State. |
| (4) | For the purposes of this section— |
| (a) | a person is subject to immigration control if— |
| (i) | he is not an EEA national, and |
| (ii) | under the Immigration Act 1971 (c.77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given), |
| (b) | "EEA national" means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time), |
| (c) | "entry clearance" has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77), and |
| (d) | "specified evidence" means such evidence as may be specified in guidance issued by the Registrar General." |
| Insert the following new Clause— |
| | "Section (Person subject to immigration control: procedure for marriage: England and Wales): supplemental |
| (1) | The Marriage Act 1949 (c. 76) shall have effect in relation to a marriage to which section (Person subject to immigration control: procedure for marriage: England and Wales) applies— |
| (a) | subject to that section, and |
| (b) | with any necessary consequential modification. |
| (a) | section 28(1)(b) of that Act (declaration: residence) shall have effect as if it required a declaration that— |
| (i) | the notice of marriage is given in compliance with section (Person subject to immigration control: procedure for marriage: England and Wales)(2) above, and |
| (ii) | the party subject to immigration control satisfies section (Person subject to immigration control: procedure for marriage: England and Wales)(3)(a), (b) or (c), and |
| (b) | section 48 of that Act (proof of certain matters not essential to validity of marriage) shall have effect as if the list of matters in section 48(1)(a) to (e) included compliance with section (Person subject to immigration control: procedure for marriage: England and Wales) above. |
| (3) | Regulations of the Secretary of State under section (Person subject to immigration control: procedure for marriage: England and Wales)(2)(a) or (3)(c)— |
| (a) | may make 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. |
| (4) | Before making regulations under section (Person subject to immigration control: procedure for marriage: England and Wales)(2)(a) the Secretary of State shall consult the Registrar General. |
| (5) | An expression used in section (Person subject to immigration control: procedure for marriage: England and Wales) or this section and in Part III of the Marriage Act 1949 (c. 76) has the same meaning in section (Person subject to immigration control: procedure for marriage: England and Wales) or this section as in that Part. |
| (6) | An order under the Regulatory Reform Act 2001 (c. 6) may include provision— |
| (a) | amending section (Person subject to immigration control: procedure for marriage: England and Wales), this section or section (Application for permission under section (Person subject to immigration control: procedure for marriage: England and Wales)(3)(b), (Person subject to immigration control: procedure for marriage: Scotland)(3)(b) or (Person subject to immigration control: procedure for marriage: Northern Ireland)(3)(b)) in consequence of other provision of the order, or |
| (b) | repealing (Person subject to immigration control: procedure for marriage: England and Wales), this section and section (Application for permission under section (Person subject to immigration control: procedure for marriage: England and Wales)(3)(b), (Person subject to immigration control: procedure for marriage: Scotland)(3)(b) or (Person subject to immigration control: procedure for marriage: Northern Ireland)(3)(b)) and re-enacting them with modifications consequential upon other provision of the order." |
| Insert the following new Clause— |
| | "Person subject to immigration control: procedure for marriage: Scotland |
| (1) | This section applies to a marriage— |
| (a) | which is intended to be solemnised in Scotland, and |
| (b) | a party to which is subject to immigration control. |
| (2) | In relation to a marriage to which this section applies, notice under section 3 of the Marriage (Scotland) Act 1977 (c. 15)— |
| (a) | may be submitted to the district registrar of a registration district prescribed for the purposes of this section, and |
| (b) | may not be submitted to the district registrar of any other registration district. |
| (3) | Where the district registrar to whom notice is submitted by virtue of subsection (2) is the district registrar for the registration district in which the marriage is to be solemnised, he shall not make an entry under section 4, or complete a Marriage Schedule under section 6, of the Marriage (Scotland) Act 1977 in respect of the marriage unless satisfied, by the provision of specified evidence, that the party subject to immigration control— |
| (a) | has an entry clearance granted expressly for the purpose of enabling him to marry in the United Kingdom, |
| (b) | has the written permission of the Secretary of State to marry in the United Kingdom, or |
| (c) | falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State. |
| (4) | Where the district registrar to whom notice is submitted by virtue of subsection (2) (here the "notified registrar") is not the district registrar for the registration district in which the marriage is to be solemnised (here the "second registrar")— |
| (a) | the notified registrar shall, if satisfied as is mentioned in subsection (3), send the notices and any fee, certificate or declaration which accompanied them, to the second registrar, and |
| (b) | the second registrar shall be treated as having received the notices from the parties to the marriage on the dates on which the notified registrar received them. |
| (5) | Subsection (4) of section (Person subject to immigration control: procedure for marriage) applies for the purposes of this section as it applies for the purposes of that section except that for the purposes of this section the reference in paragraph (d) of that subsection to guidance issued by the Registrar General shall be construed as a reference to guidance issued by the Secretary of State after consultation with the Registrar General for Scotland." |
| Insert the following new Clause— |
| | "Section (Person subject to immigration control: procedure for marriage: Scotland): supplemental |
| (1) | The Marriage (Scotland) Act 1977 shall have effect in relation to a marriage to which section (Person subject to immigration control: procedure for marriage: Scotland) applies— |
| (a) | subject to that section, and |
| (b) | with any necessary consequential modification. |
| (2) | In subsection (2)(a) of that section "prescribed" means prescribed by regulations made by the Secretary of State after consultation with the Registrar General for Scotland; and other expressions used in subsections (1) to (4) of that section and in the Marriage (Scotland) Act 1977 have the same meaning in those subsections as in that Act. |
| (3) | Regulations made by of the Secretary of State under subsection (2)(a) or (3)(c) of that section— |
| (a) | may make 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." |
| Insert the following new Clause— |
| | "Person subject to immigration control: procedure for marriage: Northern Ireland |
| (1) | This section applies to a marriage— |
| (a) | which is intended to be solemnised in Northern Ireland, and |
| (b) | a party to which is subject to immigration control. |
| (2) | In relation to a marriage to which this section applies, the marriage notices— |
| (a) | may be given only to a prescribed registrar, and |
| (b) | shall, in prescribed cases, be given in person at a prescribed register office. |
| (3) | The prescribed registrar shall not act under Article 4 or 7 of the Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I.3)) (marriage notice book, list of intended marriages and marriage schedule) unless he is satisfied, by the provision of specified evidence, that the party subject to immigration control— |
| (a) | has an entry clearance granted expressly for the purpose of enabling him to marry in the United Kingdom, |
| (b) | has the written permission of the Secretary of State to marry in the United Kingdom, or |
| (c) | falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State. |
| (4) | Subject to subsection (5), if the prescribed registrar is not the registrar for the purposes of Article 4 of that Order, the prescribed registrar shall send him the marriage notices and he shall be treated as having received them from the parties to the marriage on the dates on which the prescribed registrar received them. |
| (5) | The prescribed registrar shall not act under subsection (4) unless he is satisfied as mentioned in subsection (3). |
| (6) | For the purposes of this section— |
| (a) | a person is subject to immigration control if— |
| (i) | he is not an EEA national, and |
| (ii) | under the Immigration Act 1971 (c.77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given), |
| (b) | "EEA national" means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time), |
| (c) | "entry clearance" has the meaning given by section 33(1) of the Immigration Act 1971 (c.77), and |
| (d) | "specified evidence" means such evidence as may be specified in guidance issued by the Secretary of State after consulting the Registrar General for Northern Ireland." |
| Insert the following new Clause— |
| | "Section (Person subject to immigration control: procedure for marriage: Northern Ireland): supplemental |
| (1) | The Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I.3)) shall have effect in relation to a marriage to which section (Person subject to immigration control: procedure for marriage: Northern Ireland) applies— |
| (a) | subject to section (Person subject to immigration control: procedure for marriage: Northern Ireland), and |
| (b) | with any necessary consequential modification. |
| (2) | In section (Person subject to immigration control: procedure for marriage: Northern Ireland) "prescribed" means prescribed for the purposes of that section by regulations made by the Secretary of State after consulting the Registrar General for Northern Ireland and other expressions used in that section or this section and the Marriage (Northern Ireland) Order 2003 have the same meaning in section (Person subject to immigration control: procedure for marriage: Northern Ireland) or this section as in that Order. |
| (3) | Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (provisions as to holders of offices) shall apply to section (Person subject to immigration control: procedure for marriage: Northern Ireland) as if that section were an enactment within the meaning of that Act. |
| (4) | Regulations of the Secretary of State under section (Person subject to immigration control: procedure for marriage: Northern Ireland)— |
| (a) | may make 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. |
| Insert the following new Clause— |
| | "Application for permission under section (Person subject to immigration control: procedure for marriage: England and Wales)(3)(b), (Person subject to immigration control: procedure for marriage: Scotland)(3)(b) or (Person subject to immigration control: procedure for marriage: Northern Ireland)(3)(b) |
| (1) | The Secretary of State may make regulations requiring a person seeking permission under section (Person subject to immigration control: procedure for marriage: England and Wales)(3)(b), (Person subject to immigration control: procedure for marriage: Scotland)(3)(b) or (Person subject to immigration control: procedure for marriage: Northern Ireland)(3)(b)— |
| (a) | to make an application in writing, and |
| (2) | The regulations shall, in particular, specify— |
| (a) | the information to be contained in or provided with the application, |
| (b) | the amount of the fee, and |
| (c) | how and to whom the fee is to be paid. |
| (3) | The regulations may, in particular, make provision— |
| (a) | excepting a specified class of persons from the requirement to pay a fee; |
| (b) | permitting a specified class of persons to pay a reduced fee; |
| (c) | for the refund of all or part of a fee in specified circumstances. |
| (4) | Regulations under this section— |
| (a) | shall be made by statutory instrument, and |
| (b) | shall be subject to annulment in pursuance of a resolution of either House of Parliament." |
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