Immigration, Asylum and Nationality Bill

With this it will be convenient to discuss the following: Amendment (c) to new clause 1, No. (c), in line 4, at end insert— '( ) At a time when the conditions in this section are satisfied a person's leave to enter or remain is extended by virtue of this section save that such extension shall not prevent a decision to remove the person from the United Kingdom being made.'. Amendment (a) to new clause 1, No. (a), in line 8, leave out subsection (3). Amendment (d) to new clause 1, No. (d), in line 8, after 'been', insert ', or could be'. Amendment (b) to new clause 1, No. (b), in line 10, leave out '3' and insert '2'. Amendment (e) to new clause 1, No. (e), in line 11, at beginning insert 'where a decision to remove a person from the United Kingdom has been made'. 16 Nov 2005 : Column 975 Amendment (f) to new clause 1, No. (f), in line 11, leave out from 'decision' to '(appeals)' in line 13. New clause 5— "90 Entry clearance (1) A person may not appeal under section 82(1) against refusal of entry clearance as a visitor unless the application was made for the purpose of visiting a member of the applicant's family. (2) In subsection (1) the reference to a member of the applicant's family shall be construed in accordance with regulations made by the Secretary of State. (3) Regulations made under subsection (2) may in particular (a) define 'member of the applicant's family" for the purposes of this section; (b) make provision by reference to the duration of two individuals' residence together; (c) confer a discretion. (4) A person may not appeal under section 82(1) against refusal of entry clearance as a student if the application is for entry clearance to follow a course of study and— (a) the course of study for which he has been accepted will not last more than six months, (b) he has not been accepted for a course, or (c) the course of study for which he has been accepted is not at a UK education institution on the approved register. (5) Where a person has no right of appeal under subsections (1) or (4) above, a person applying for entry clearance as a dependant on his application shall have no right of appeal. (6) Nothing in this section prevents the bringing of an appeal on either or both of the grounds referred to in section 84(1)(b), (c) and (g)".'. Amendment No. 47, in page 1, line 3, leave out Clause 1. Amendment No. 4, in page 1, line 16 [Clause 1], at end insert— '( ) the leave was granted to a person to follow a course of study at a UK education institution on the approved register; or'. Amendment No. 33, in page 1, line 16 [Clause 1], at end insert— '( ) the leave was granted to a person who had applied for but not been given asylum or humanitarian protection as an unaccompanied minor but had been granted exceptional or discretionary leave to enter or remain'. Amendment No. 3, in page 1, line 21 [Clause 1], at end insert— '(fc) Variation of, or refusal to vary, a person's limited leave to enter or remain in the United Kingdom if— (i) the leave was granted to a person to follow a course of study at a UK education institution on the approved register; and (ii) the result of the variation or refusal taking effect is that the person is unable to— (a) complete that course of study, (b) attend or undertake any event or activity in connection with that course of study, or (c) move from that course of study to another course of study at the same or another institution.'. Amendment No. 5, in page 2, line 31 [Clause 3], at end insert— '( ) An appeal under subsection (2) may be brought in the United Kingdom.'. 16 Nov 2005 : Column 976 Amendment No. 6, in page 2, line 36, leave out Clause 4. Government amendments Nos. 27 to 29.