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Proceeding contribution from Tony McNulty (Labour) in the House of Commons on Wednesday, 16 November 2005. It occurred during Debate on bill on Immigration, Asylum and Nationality Bill 2005-06.


Immigration, Asylum and Nationality Bill

I shall write. I do not think that the matter is particularly germane to new clause 1, but I will write in more general terms to the hon. Gentleman. His point—I hope that I have it right—is that the grant of leave pre-supposes that the holder should be able to stay while they bring any future appeal, but that is a pre-supposition that simply does not exist under law—in intent or otherwise. A grant of leave signifies that someone may stay in the UK while they meet the conditions on which the leave was granted. If that is a truism, I apologise to the House. There is no pre-supposition there, only the terms of the conditions that were granted. Once they no longer meet the requirement of the rules or any application for further leave, there is no basis on which they are entitled to stay here. That is a fair point. As I said earlier to the hon. Member for Meirionnydd Nant Conwy (Mr. Llwyd), if he would only read the Bill he would understand that his points about human rights are nonsense. How can the Bill be non-compliant with the European convention on human rights terms if all the terms of the Bill do not apply to those who make human rights applications and they are dealt with in a specifically different way under ECHR? When it comes to the interpretation of the ECHR in all its glory, on balance I trust the hon. Member for Woking (Mr. Malins) rather than the hon. Member for Oxford, West and Abingdon, and I certainly do not trust the high street solicitor from Meirionnydd Nant Conwy. I do not accept those points at all.


Secondary information

Type
Proceeding contribution
Reference
439 c1014 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Disclosure of information Appeals Asylum Detainees Applications British nationality Crew Employment Housing Human rights Immigration controls Immigration Undocumented migrants Migrants Minimum wage Passengers Migrant workers Young people Refugees Small businesses Visas Immigration and Nationality Directorate British students abroad
Legislation
Immigration, Asylum and Nationality Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk