[Amendments marked * are new or have been altered] Amendment No.
Clause 16 Lord Avebury Lord Dholakia Lord Roberts of
Llandudno Earl of Listowel 12 Page 10, line 34, at end
insert—...Request free trial
[Amendments marked * are new or have been
altered]
Amendment
No.
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12
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Page 10, line 34, at end insert—
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"(2)
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After section 3(1)(c) of the Immigration Act 1971
insert—
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"(d)
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where a condition under paragraph (c)(iv) and (v) is
imposed, at the time of imposing the condition, written
reasons shall be provided as to why the condition imposed
is necessary in all the circumstances.""
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LORD BISHOP OF WINCHESTER
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13
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Insert the following new Clause—
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"Exemption from detention: vulnerable adults
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(1)
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The Secretary of State shall have a duty to prevent the
detention of vulnerable adults.
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(2)
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The Secretary of State shall have a duty to ensure the
release of vulnerable adults held in detention.
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(3)
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In this section, "vulnerable adults" shall include
those groups that the Secretary of State shall decide, and
must include—
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(c)
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those with serious physical or mental health
conditions."
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LORD
LORD BISHOP OF WINCHESTER
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14
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Page 10, line 36, leave out subsections (1) to (6) and
insert—
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"(1)
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In section 94(1) of the Immigration and Asylum Act 1999
(c. 33) (interpretation) for the definition of
"asylum-seeker" substitute—
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""asylum-seeker" means a person—
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(a)
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who is at least 18 years old,
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(b)
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who has made a claim for asylum at a place designated
by the Secretary of State,
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(c)
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whose claim has been recorded by the Secretary of
State,
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(d)
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who remains in the United Kingdom following the making
of that claim for asylum, and
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(e)
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who is subject to immigration control but does not
currently have leave to enter or remain;".
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(2)
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In paragraph 17(1) of Schedule 3 to the Nationality,
Immigration and Asylum Act 2002 (c. 41) (interpretation),
for the definition of "asylum-seeker" substitute—
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""asylum-seeker" means a person—
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(a)
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who is at least 18 years old,
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(b)
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who has made a claim for asylum at a place designated
by the Secretary of State,
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(c)
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whose claim has been recorded by the Secretary of
State,
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(d)
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who remains in the United Kingdom following the making
of that claim for asylum, and
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(e)
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who is subject to immigration control but does not
currently have leave to enter or remain,".
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(3)
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The following provisions are repealed—
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(a)
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subsections (2) to (4) of section 4 of the Immigration
and Asylum Act 1999;
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(b)
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subsections (3) to (6), (8) and (9) of section 94 of
the Immigration and Asylum Act 1999;
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(c)
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paragraphs 6, 7A and sub-paragraphs (2) and (3) of
paragraph 17 of Schedule 3 to the Nationality, Immigration
and Asylum Act 2002; and
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(d)
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section 9 of the Asylum and Immigration (Treatment of
Claimants, etc.) Act 2004 (c. 19) (failed asylum seekers:
withdrawal of support)."
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OF HIGHFIELD
BARONESS STERN
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15
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Insert the following new Clause—
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"Support for asylum seekers: destitution
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(1)
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Section 55 of the Nationality, Immigration and Asylum
Act 2002 (c. 41) (late claim for asylum: refusal of
support) is repealed.
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(2)
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Section 9 of the Asylum and Immigration (Treatment of
Claimants etc.) Act 2004 (c. 19) (failed asylum seekers:
withdrawal of support) is repealed.
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(3)
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Section 4(11)(a) of the Immigration and Asylum Act 1999
(c. 33) (accommodation for those temporarily admitted or
released from detention) is repealed.
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(4)
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In section 95 of the Immigration and Asylum Act 1999
(persons for whom support may be provided) after subsection
(1)(b) insert—
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"(c)
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failed asylum-seekers, or
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(d)
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dependants of failed asylum-seekers,"."
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OF HIGHFIELD
BARONESS STERN
LORD BISHOP OF WINCHESTER
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16
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Insert the following new Clause—
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"Amendment to Children Act 2004
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In section 11(1) of the Children Act 2004 (c. 31)
(arrangements to safeguard and promote welfare) after
paragraph (m) insert—
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"(n)
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the National Asylum Support Service;
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(o)
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the Immigration Service;
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(p)
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an Immigration Removal Centre."
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17
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Insert the following new Clause—
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"Withdrawal of support: repeal
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Section 9 of the Asylum and Immigration (Treatment of
Claimants, etc. ) Act 2004 (c. 19) (failed asylum seekers:
withdrawal of support) is repealed."
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18
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Insert the following new Clause—
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Notwithstanding the provisions of paragraph 21 of
Schedule 2 to the Immigration Act 1971, the Secretary of
State may by order made by statutory instrument make
provision for asylum seekers—
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(a)
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who are unable to return to their country of origin or
who cannot be removed from the United Kingdom for any other
reason; and
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(b)
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whose asylum appeal is outstanding for 12 months or
more;
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to apply for permission to work."
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19
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Page 12, line 22, leave out ", and at the time of
making,"
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20
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Page 12, line 23, at end insert "provided the evidence
was submitted no later than the notice of appeal was
lodged"
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21
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Page 13, line 17, at end insert—
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"(2B)
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In making regulations specifying the amount of a fee
for a claim, application, service, process or other
matter, the Secretary of State must—
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(a)
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be satisfied that the increase is no greater than is
required to maintain the value of the amount in real
terms; and
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(b)
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in doing so, must have regard to the All Items Retail
Prices Index Excluding Mortgage Interest Repayments
published by the Office of National Statistics.""
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22
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Insert the following new Clause—
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Where the procedure for an appeal is governed by the
Asylum and Immigration Tribunal (Fast Track Procedure)
Rules 2005 (S.I. 560/2005), the Legal Services Commission
shall provide funding as part of the Community Legal
Service regardless of any assessment of the merits of the
appeal for so long as those Rules continue to apply to
it."
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23
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Page 13, line 29, at end insert "and their welfare is
promoted"
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24
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Page 13, line 30, at end insert—
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"( )
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Any services provided by another person pursuant to
arrangements made by the Border and Immigration Agency in
the exercise of that person's functions are provided having
regard to the code."
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25
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Insert the following new Clause—
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"Children of female British citizens
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After section 2(1)(b) of the Immigration Act 1971 (c.
77) (statement of right of abode in the United Kingdom)
insert—
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"(ba)
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he would be entitled to be registered under section 4C
of the British Nationality Act 1981 if the words "after 7th
February and" had been omitted from section 4C(2);
or"."
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26
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Insert the following new Clause—
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"Suspected victims of torture: reports
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(1)
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This section applies where a medical practitioner
reports to the manager of an Immigration Removal Centre
under Rule 35 of the Detention Centre Rules 2001 (S.I.
238/2001) that he is concerned that a detained person may
have been the victim of torture.
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(2)
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The Secretary of State must specify—
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(b)
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by amendment of the Operational Enforcement
Manual,
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a time limit within which the Border and Immigration
Agency must respond to such a report."
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27
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Insert the following new Clause—
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"Detained children: guidelines and
information
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(1)
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The Secretary of State must publish guidelines
specifying the maximum length of time during which a child
may be detained under any provision of the Immigration
Acts.
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(2)
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The guidelines under subsection (1) may specify
different periods of time for—
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(a)
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children of different ages;
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(b)
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children originating from, or due to be returned to,
different countries;
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(c)
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children falling into different classes as specified in
the guidelines.
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(3)
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By 31 March of each year, the Secretary of State shall
publish an annual report detailing:
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(a)
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the number of children detained during the previous
year whose detention lasted up to—
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(vii)
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a period longer than one year.
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(b)
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the number of times each of those children was
detained;
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(c)
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following their release from detention, the number of
children in each year—
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(i)
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who were removed from the United Kingdom;
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(ii)
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who were granted permanent leave of residence;
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(iii)
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who were granted temporary admission;
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(iv)
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whose destination falls into any other category to be
determined by the Secretary of State.
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(4)
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For the purposes of this section—
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(a)
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"child" means any person who has not reached the age of
18 years at the commencement of the year to which the
relevant annual report relates;
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(b)
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"year" means a calendar year."
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27A
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Insert the following new Clause—
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"Immigration control: age assessment by ionising
radiation
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No person claiming to be a child shall be subjected to
ionising radiation for the purpose of age assessment in
connection with immigration control."
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28
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Insert the following new Clause—
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In section 83(1)(b) of the Nationality, Immigration and
Asylum Act 2002 (c. 41) (appeal: asylum claims) the words
"for a period exceeding one year (or for periods exceeding
one year in aggregate)" are omitted."
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29
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Page 14, line 36, after "officer" insert "or a
constable in the UK Border Police Force established under
section (Establishment of UK Border Police Force)"
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OF HIGHFIELD
BARONESS STERN
LORD BISHOP OF WINCHESTER
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30
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Page 17, line 26, at end insert—
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"(5)
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Where there are reasonable grounds for believing that a
person is a victim of trafficking, that person shall not be
removed from the UK until the process for identifying
whether they are such a victim is complete.
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(6)
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A recovery and reflection period of 3 months shall be
granted to a person who has been identified as being a
victim of trafficking, during which time no immigration
enforcement measures shall be taken against them.
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(7)
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Renewable residence permits of up to 6 months' duration
may be granted to victims of trafficking."
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31
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Page 18, line 25, leave out "conviction" and insert
"the offence"
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OF HIGHFIELD
BARONESS STERN
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32
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Page 19, line 17, leave out "at a time chosen by the
Secretary of State" and insert "as soon as possible
following commencement of the person's period of
imprisonment and in any event within three months of that
date"
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