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UK Borders Bill

moved Amendment No. 36: 36: Clause 19, page 11, line 30, at end insert— ““(6) The Secretary of State shall lay before Parliament, not more than 12 months after the commencement of the provisions under this section, a report on their operation.””.”” The noble Lord said: As we have been discussing, Clause 19 further restricts the right to appeal. In appeals against refusal of leave to enter or of variations of leave to enter or remain, the AIT will be prevented from considering evidence adduced by the appellant which was not submitted at the time of making the original application where that application was made under the new points-based Immigration Rules. Representations have been made to the Minister that this clause will affect applicants who have not had the benefit of sound immigration advice when they submitted their original application, because they would not be able to adduce evidence crucial to the case at the appeals stage simply because the evidence was not submitted at the time of the application. Our application would give Parliament a role in examining how this new restriction operates. It would, as the amendment makes clear, require the Secretary of State to lay before Parliament within 12 months of the commencement of the clause a report on the way in which the new restriction has operated. I appreciate that the Minister will claim that a report on these matters will be part and parcel of the report made by the Border and Immigration Inspectorate, but it is important at this stage in our debates that the Minister explains just how he expects the restrictions in Clause 19 to operate fairly when they appear to disadvantage those who do not have access to legal advice. I beg to move.