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back to previous amendments
| | THE BARONESS SCOTLAND OF ASTHAL |
| Insert the following new Clause— |
| (1) | After section 88 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal: ineligibility) insert— |
| "88A | Ineligibility: entry clearance |
| (1) | A person may not appeal under section 82(1) against refusal of entry clearance if the decision to refuse is taken on grounds which— |
| (a) | relate to a provision of immigration rules, and |
| (b) | are specified for the purpose of this section by order of the Secretary of State. |
| (a) | does not prevent the bringing of an appeal on either or both of the grounds referred to in section 84(1)(b) and (c), and |
| (b) | is without prejudice to the effect of section 88 in relation to an appeal under section 82(1) against refusal of entry clearance." |
| (2) | In section 112 of that Act (regulations, &c.) after subsection (3) insert— |
| "(3A) | An order under section 88A— |
| (a) | must be made by statutory instrument, |
| (b) | may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and |
| (c) | may include transitional provision."" |
| Insert the following new Clause— |
| (1) | Section 96 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (earlier right of appeal) shall be amended as follows. |
| (2) | For subsections (1) to (3) substitute— |
| "(1) | An appeal under section 82(1) against an immigration decision ("the new decision") in respect of a person may not be brought if the Secretary of State or an immigration officer certifies— |
| (a) | that the person was notified of a right of appeal under that section against another immigration decision ("the old decision") (whether or not an appeal was brought and whether or not any appeal brought has been determined), |
| (b) | that the claim or application to which the new decision relates relies on a matter that could have been raised in an appeal against the old decision, and |
| (c) | that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that matter not having been raised in an appeal against the old decision. |
| (2) | An appeal under section 82(1) against an immigration decision ("the new decision") in respect of a person may not be brought if the Secretary of State or an immigration officer certifies— |
| (a) | that the person received a notice under section 120 by virtue of an application other than that to which the new decision relates or by virtue of a decision other than the new decision, |
| (b) | that the new decision relates to an application or claim which relies on a matter that should have been, but has not been, raised in a statement made in response to that notice, and |
| (c) | that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that matter not having been raised in a statement made in response to that notice." |
| (3) | In subsection (5) for "Subsections (1) to (3) apply to prevent or restrict" substitute "Subsections (1) and (2) apply to prevent". |
| "(7) | A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued."" |
| | THE BARONESS SCOTLAND OF ASTHAL |
| Page 38, line 38, at end insert— |
| "(a) | section 87 (successful appeal: direction) (for which purpose a direction may, in particular, provide for an order under section 40 above to be treated as having had no effect)," |
| Page 38, line 42, leave out "and (7)." and insert "to (8)." |
| | THE BARONESS SCOTLAND OF ASTHAL |
| Page 52, line 15, leave out "40A(3) to (5)." and insert "40A(6) to (8)." |
| Page 52, line 26, at end insert— |
| Page 52, line 27, at end insert— |
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"State Pension Credit Act 2002(c. 16). | In Schedule 2, paragraph 42. |
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State Pension Credit Act(Northern Ireland) 2002(c. 14 (N.I.)) | In Schedule 2, paragraph 31. |
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Tax Credits Act 2002 (c. 21). | In Schedule 4, paragraph 22." |
| Page 52, line 28, second column, at beginning insert— |
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