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Proceeding contribution from Baroness Ashton of Upholland (Labour) in the House of Lords on Tuesday, 7 February 2006. It occurred during Debate on bill on Immigration Asylum and Nationality Bill.


Immigration, Asylum and Nationality Bill

moved Amendments Nos. 12 and 13:"Page 6, line 7, leave out subsection (2) and insert—" ““(2)   In subsection (2)(b) (continuation pending possible appeal) after ““could be brought”” insert ““, while the appellant is in the United Kingdom,””. (2A)   In subsection (2)(c) (continuation pending actual appeal) after ““against that decision”” insert ““, brought while the appellant is in the United Kingdom,””.”” Page 6, line 19, at end insert— ““(4)   After section 3C insert— ““3D   CONTINUATION OF LEAVE FOLLOWING REVOCATION (1)   This section applies if a person’s leave to enter or remain in the United Kingdom— (a)   is varied with the result that he has no leave to enter or remain in the United Kingdom, or (b)   is revoked. (2)   The person’s leave is extended by virtue of this section during any period when— (a)   an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 could be brought, while the person is in the United Kingdom, against the variation or revocation (ignoring any possibility of an appeal out of time with permission), or (b)   an appeal under that section against the variation or revocation, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act). (3)   A person’s leave as extended by virtue of this section shall lapse if he leaves the United Kingdom. (4)   A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.”” (5)   Section 82(3) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (variation and revocation: extension of leave pending appeal) shall cease to have effect.”” On Question, amendments agreed to. Clause 13 [Over-staying leave pending appeal]:


Secondary information

Type
Proceeding contribution
Reference
678 c552-3 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Children Disclosure of information Contracts Data protection Codes of practice Appeals Bail Asylum Detainees Applications Deportation British nationality Aircraft Employment Finance Families Human rights Enforcement Fixed penalties Eligibility Immigration controls Immigration Undocumented migrants Human trafficking Hong Kong Legal representation Entry clearances Legal opinion Immigration officers Private sector Pilot schemes National security Protection Monitoring Passengers Registration Terrorism Treaties Training Refugees Small businesses Right of search Temporary accommodation Students Detention centres British overseas citizenship
Legislation
Immigration, Asylum and Nationality Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk