DOCSLIB.ORG

The Immigration (Isle of Man) (Amendment) Order 2019

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

STATUTORY INSTRUMENTS 2019 No. 562 IMMIGRATION The Immigration (Isle of Man) (Amendment) Order 2019 Made - - - - 13th March 2019 Coming into force - - 14th March 2019 At the Court at Buckingham Palace, the 13th day of March 2019 Present, The Queen’s Most Excellent Majesty in Council Her Majesty, in exercise of the powers conferred by section 36 of the Immigration Act 1971( a), section 12(5) of the Immigration Act 1988(b), section 170(7) of the Immigration and Asylum Act 1999(c), section 163(4) of the Nationality, Immigration and Asylum Act 2002(d), section 49(3) of the Asylum and Immigration (Treatment of Claimants) Act 2004(e), section 63(3) and (3A)(f) of the Immigration, Asylum and Nationality Act 2006(g), section 60(4) of the UK Borders Act 2007(h), section 76(6) of the Immigration Act 2014(i), section 95(5) and (6) of the Immigration Act 2016(j), section 214(6) of the Data Protection Act 2018(k), and section 63(3) and (6) of the Sanctions and Anti-Money Laundering Act 2018(l), is pleased, by and with the advice of Her Privy Council, to order as follows. Citation and commencement 1. This Order may be cited as the Immigration (Isle of Man) (Amendment) Order 2019 and comes into force on 14th March 2019. Interpretation of this Order 2. In this Order “the principal Order” means the Immigration (Isle of Man) Order 2008( m). (a) 1971 c. 77: s. 36 is extended by s. 53(5) of 1981 c. 61, applied by s. 2(3) of 1987 c. 24 and by s. 12(5) of 1988 c. 14. (b) 1988 c. 14. (c) 1999 c. 33. (d) 2002 c. 41. (e) 2004 c. 19. (f) Subsection (3A) was inserted by s. 54(7) of 2006 c. 48. (g) 2006 c. 13. (h) 2007 c. 30. (i) 2014 c. 22. (j) 2016 c. 19. (k) 2016 c. 12. (l) 2018 c. 13. (m) S.I. 2008/680. Relevant amendments are made by S.I. 2011/1158 and 1408, S.I. 2015/1765 and S.I. 2016/156 and 755. Amendment of the principal Order 3. The principal Order is amended as follows. Interpretation — Article 2 amended 4. In article 2— (a) after the definition of “the 2006 Act”, insert— ““the 2007 Act” means the UK Borders Act 2007( a);”; (b) after the definition of “the 2014 Act”( b), insert— ““the 2016 Act” means the Immigration Act 2016( c).”. General modifications — Article 5 amended 5. —(1) Article 5 is amended as follows. (2) In paragraph (b), for “the Interpretation Act 1976 (an Act of Tynwald)” substitute “the Interpretation Act 2015 (an Act of Tynwald)(d)”. (3) After paragraph (c) insert— “(d) any reference to “the Minister” is a reference to the Minister for the Cabinet Office( e); and (e) any reference to a Minister of a named Department is a reference to the Minister of that Department of the Government of the Isle of Man.”. Keeling Schedule deleted 6. Omit Articles 7, 11, 13, 15, 17, 19, 21 and 23 and Schedule 10. Provisions of the 1999 Act extended to the Isle of Man — article 14 amended 7. In article 14(2)— (a) for sub-paragraph (a)(vi) substitute— “(vi) section 16 (security on grant of entry clearance);”; (b) after sub-paragraph (a)(vii), insert— “(viia) sections 20, 20A(f) and 21 (power to supply information to the Secretary of State, duty to supply nationality documents to Secretary of State and supply of information by Secretary of State);”; (c) after sub-paragraph (a)(ix), insert— “(ixa) section 24A(g) (duty to report suspicious civil partnerships);”. Insertion of Article 21A 8. After Article 21 insert— (a) 2007 c.30. (b) The definition of “the 2014 Act” was added by S.I. 2015/1765. (c) 2016 c. 19. (d) AT 11 of 2015. (e) The Cabinet Office is a Department of the Isle of Man Government, and its Minister is also the Chief Minister of the Isle of Man. (f) Section 20A was inserted by s. 55(11) of 2016 c. 19. (g) Section 24A was inserted by 2004 c. 33 Sch. 27 para 162. 2 “Extension of the 2007 Act to the Isle of Man 21A. —(1) The following provisions of the 2007 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 9ZA. (2) The provisions are— (a) section 5 (registration regulations); (b) section 6 (regulations: supplemental); (c) section 7 (effect of non-compliance); (d) section 8 (use and retention of biometric information); (e) section 9 (penalty); (f) section 10 (penalty: objection); (g) section 11 (penalty: appeal); (h) section 12 (penalty: enforcement); (i) section 13 (penalty: code of practice); (j) section 14 (penalty: prescribed matters); (k) section 15 (interpretation); (l) section 61 (citation).”. Immigration Act 2014 – Article 22 amended 9. For article 22(2)(a) substitute— “(2) The provisions are — (a) section 8 (provision of biometric information with immigration applications); (b) section 11 (biometric immigration documents); (c) section 12 (meaning of “biometric information”) and Schedule 2 (which supplements that section by consequentially amending other enactments); (d) section 13 (safeguards for children); (e) section 14 (use and retention of biometric information); (f) section 68 (fees); (g) section 69 (fees orders and fees regulations: supplemental); (h) section 70 (power to charge fees for attendance services in particular cases).”. Immigration Act 2016 — Article 22A inserted 10. After article 22 insert— “Extension of the Immigration Act 2016 to the Isle of Man 22A. —(1) The following provisions of the 2016 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 9B. (2) The provisions are— (a) section 55 (supply of information to the Secretary of State); (b) Schedule 9 (persons to whom section 20A of the 1999 Act applies).”. (a) Article 22 was added by art. 5 of S.I. 2015/765. 3 Immigration Act 1971 applied in modified form — Schedule 3 amended 11. —(1) Schedule 3 (which sets out the modifications subject to which the Immigration Act 1971(a) extends to the Isle of Man) is amended as follows. (2) In paragraph 1(4), for “Council of Ministers” substitute “Minister”. (3) In paragraph 3(3), for “Governor” substitute “Minister”. (4) In paragraph 4— (a) in sub-paragraph (3) — (i) in paragraph (a), for “Council of Ministers” substitute “Minister”; (ii) omit paragraph (c); (iii) in the text substituted by paragraph (d), for “Council of Ministers” substitute “Minister”; (b) in sub-paragraph (4), for “Governor” substitute “Minister”. (5) In paragraph 5(3), for “Governor” substitute “Minister”. (6) In paragraph 6(3), for “Governor” substitute “Minister”. (7) In paragraph 7(3), for “Governor” substitute “Minister”. (8) In paragraph 9— (a) for subparagraph (2) substitute— “(2) In subsection (1)( b)— (a) for “the United Kingdom” in both places substitute “the Isle of Man”; (b) for “Secretary of State” substitute “Minister”; (c) for “order made by statutory instrument” substitute “an order made by the Minister”.”; (b) in sub-paragraph (4)(a), for “Governor” substitute “Minister”. (9) In paragraph 10— (a) in sub-paragraph (3), for “Governor” substitute “Minister”; (b) for sub-paragraph (4)( c), substitute— “(4) In subsection (4)— (a) in paragraph (a), after “his wife” insert “, husband or civil partner”; (b) in paragraph (b), after “her husband” insert “, wife or civil partner”.”. (10) In paragraph 12(2)(c), for “Governor’s” substitute “Minister’s”. (11) In paragraph 13(3)(a), for “Governor” substitute “Minister”. (12) In paragraph 15— (a) for sub-paragraph (2C)(d) substitute— “(2C) For subsection (4)(b) substitute— “(b) a person who, under regulations under section 1 of the Sanctions and Anti- Money Laundering Act 2018 (referred to in this section as “the 2018 Act”) (as that section has effect in the United Kingdom), is an excluded person for the purposes of this section as it has effect in the United Kingdom (see section 4 of the 2018 Act as it has effect there);”.”; (b) in sub-paragraph (3A)( e)— (a) 1971 c. 77. (b) Subsection (1) was amended by para. 45 of Sch. 14 to 1999 c. 33: there is a further amendment to subsection (1), but it has not been applied to the Isle of Man. (c) Paragraph 10(4) was added by Sch. 1, para. 2(a) of S.I. 2011/1408. (d) Sub-paragraph (2C) was inserted by art. 4(4)(b) of S.I. 2016/755. (e) Sub-paragraph (3A) was inserted by art. 4(4)(d) of S.I. 2016/755. 4 (i) in the text of the inserted subsection (5A)(a), for “the Isle of Man’s obligations” substitute “the obligations of the United Kingdom in respect of the Isle of Man”, (ii) after the inserted subsection (5A) insert— “(5B) In relation to any person within subsection (4)(b), subsections (1) to (3) are subject to any exception created under, or direction given by virtue of, section 15(4) (power to create exceptions) of the 2018 Act (as it has effect in the United Kingdom).”. (13) In paragraph 16(5) and (7)( a) for “Governor” substitute “Minister”. (14) In paragraph 23(4), for “Governor” substitute “Minister”. (15) In paragraph 28(2) for “Governor” substitute “Minister”. (16) In paragraph 34— (a) in sub-paragraph (2) for “Governor” substitute “Minister”; (b) in sub-paragraph (3) for “or Deputy Chief Constable” substitute “or a Superintendent”. (17) In paragraph 41(3) for “Governor” substitute “Minister”. (18) In paragraph 43(3) for “the Governor” substitute “the Minister”. (19) In paragraph 45(4) for “Governor” substitute “Minister”. (20) In paragraph 46(2)(b) omit the definition of “Council of Ministers” and at the same place insert ““Minister” means the Minister for the Cabinet Office (a Department constituted under the Government Departments Act 1987 (an Act of Tynwald)( b);”.
Recommended publications
  • Immigration, (2021)

    Immigration, (2021)

    Right to respect for private and family life: immigration, (2021) Right to respect for private and family life: immigration Last date of review: 02 March 2021 Last update: General updating. Authored by Austen Morgan 33 Bedford Row Chambers Convention rights - from the 1950 European Convention on Human Rights (ECHR) and given further effect by scheduling to the Human Rights Act 1998 (HRA) have applied incontrovertibly in domestic UK law since 2 October 2000. There was considerable discussion from 1997 about which rights would be litigated in future years, on the basis of the jurisprudence of the European Court of Human Rights (ECtHR) at Strasbourg, in the three jurisdictions of the United Kingdom (UK): England and Wales; Scotland; and Northern Ireland. Some commentators anticipated that art.8 (the right to respect for private and family life) would be important, as the basis of a new domestic right to privacy. Few, if any, predicted that the family life aspect of art.8 would play a significant role in UK immigration law and practice; this regulates the entry (and possibly exit) of non-nationals, whether as visitors, students, workers, investors or residents. Overview of Topic 1. This article looks at legislative, executive and judicial attempts to limit such art.8 cases since 2000, a project led by successive Secretaries of State (SoS) for the Home Department, of whom there have been six Labour, one coalition Conservative and three Conservatives in the past 20 years. 2. It considers the following topics: the structure of art.8 in immigration cases; how the SoS might theoretically limit its effect in tribunals and courts; the failed attempt to do so through the Immigration Rules; the slightly more successful attempt to do so through statute; the mixed response of the senior judiciary; and future prospects.
  • Public Law and Civil Liberties ISBN 978-1-137-54503-9.Indd

    Public Law and Civil Liberties ISBN 978-1-137-54503-9.Indd

    Copyrighted material – 9781137545039 Contents Preface . v Magna Carta (1215) . 1 The Bill of Rights (1688) . 2 The Act of Settlement (1700) . 5 Union with Scotland Act 1706 . 6 Official Secrets Act 1911 . 7 Parliament Acts 1911 and 1949 . 8 Official Secrets Act 1920 . 10 The Statute of Westminster 1931 . 11 Public Order Act 1936 . 12 Statutory Instruments Act 1946 . 13 Crown Proceedings Act 1947 . 14 Life Peerages Act 1958 . 16 Obscene Publications Act 1959 . 17 Parliamentary Commissioner Act 1967 . 19 European Communities Act 1972 . 24 Local Government Act 1972 . 26 Local Government Act 1974 . 30 House of Commons Disqualification Act 1975 . 36 Ministerial and Other Salaries Act 1975 . 38 Highways Act 1980 . 39 Senior Courts Act 1981 . 39 Police and Criminal Evidence Act 1984 . 45 Public Order Act 1986 . 82 Official Secrets Act 1989 . 90 Security Service Act 1989 . 96 Intelligence Services Act 1994 . 97 Criminal Justice and Public Order Act 1994 . 100 Police Act 1996 . 104 Police Act 1997 . 106 Human Rights Act 1998 . 110 Scotland Act 1998 . 116 Northern Ireland Act 1998 . 121 House of Lords Act 1999 . 126 Freedom of Information Act 2000 . 126 Terrorism Act 2000 . 141 Criminal Justice and Police Act 2001 . 152 Anti-terrorism, Crime and Security Act 2001 . 158 Police Reform Act 2002 . 159 Constitutional Reform Act 2005 . 179 Serious Organised Crime and Police Act 2005 . 187 Equality Act 2006 . 193 Terrorism Act 2006 . 196 Government of Wales Act 2006 . 204 Serious Crime Act 2007 . 209 UK Borders Act 2007 . 212 Parliamentary Standards Act 2009 . 213 Constitutional Reform and Governance Act 2010 . 218 European Union Act 2011 .
  • EXPLANATORY NOTES Immigration Act 2014

    EXPLANATORY NOTES Immigration Act 2014

    EXPLANATORY NOTES Immigration Act 2014 Chapter 22 £11.00 These notes refer to the Immigration Act 2014 (c. 22) which received Royal Assent on 14 May 2014 IMMIGRATION ACT —————————— EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Immigration Act which received Royal Assent on 14 May 2014. They have been prepared by the Home Office in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. 3. A glossary of abbreviations and terms used in these explanatory notes is contained in the annex to these notes. SUMMARY 4. This Act is in 7 parts. 5. Part 1 of the Act, and Schedules 1 and 2, contain powers to enable the removal of persons unlawfully in the United Kingdom (“the UK”), enforcement powers, restrictions on bail and additional powers to take biometric information. 6. Part 2 amends rights of appeal, limiting immigration appeals to circumstances where there has been a refusal of a human rights or asylum or humanitarian protection claim, or where refugee status or humanitarian protection has been revoked. It also provides a power for the Secretary of State to certify that to require an appellant who is liable to deportation to leave the UK before their appeal is determined would not cause serious irreversible harm, in which case the person may only appeal from outside the UK.
  • 1 UK BORDERS ACT 2007 1 the Act Received Royal Assent on 30 October 2007. the Following Are the Acts on the Subject of Immigrati

    1 UK BORDERS ACT 2007 1 the Act Received Royal Assent on 30 October 2007. the Following Are the Acts on the Subject of Immigrati

    Briefing Paper 8.21 www.migrationwatchuk.org UK BORDERS ACT 2007 1 The Act received Royal Assent on 30 October 2007. The following are the Acts on the subject of immigration and asylum currently on the statute book: Immigration Act 1971 Immigration Act 1988 Asylum and Immigration Appeals Act 1993 Asylum and Immigration Act 1996 Special Immigration Appeals Commission Act 1997 Immigration and Asylum Act 1999 Nationality, Immigration and Asylum Act 2002 Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 Immigration, Asylum and Nationality Act 2006 UK Borders Act 2007 2 Each Act since 1971 has heavily amended earlier Acts and introduced substantial new provisions, with the result that legislation on these topics is diffuse and complex. There is a desperate need for a consolidation Act to tidy up the law, but there is no sign of that as yet. Anyone practising in the field must also take into account the Human Rights Act 1998, the Race Relations Act 1976 and the British Nationality Act 1981. 3 The title “UK Borders Act” marks a complete change from earlier nomenclature, but this is deceptive. The purpose described in its long title is “to make provision about immigration and asylum: and for connected purposes.” It contains an assortment of sections amending existing legislation and introducing new measures. Its main provisions are: (i) New powers of detention for immigration officers at ports. (ii) New powers enabling the Home Secretary to make regulations requiring persons subject to immigration control to apply for a document recording external physical characteristics - a “biometric immigration document”. (iii) New and drastic procedures for the deportation of foreign criminals, obviously prompted by revelations about the shortcomings of existing procedures which came to light during 2006.
  • 6. the Immigration Act 2014 and the Right to Rent David Smith

    6. the Immigration Act 2014 and the Right to Rent David Smith

    6. The Immigration Act 2014 and the Right to Rent David Smith INTRODUCTION The Right to Rent is a new concept created by the Immigration Act 2014. It is distinct from the right to work and the right to reside and is a slightly lower standard than both of these in that it is available to people who are not eco- nomically active and have no recourse to public funds or a right to work in the UK. The essential purpose of the system, as with much of the Immigration Act 2014, is the creation of the so-called hostile environment for illegal migrants originally flagged by Theresa May in a 2012 interview in the Telegraph given when she was Home Secretary (Kirkup & Winnett, 2012). More recently this has been recast as the ‘compliant environment’ with a set of rules that those who might potentially interact with migrants must follow (Travis, 2017). The original 2014 Act has been hardened further by amendments made in the Immigration Act 2016 which has created specific criminal offences relating to breaches of the right to rent and have substantially increased the powers to evict people who lack the right to rent. However, there are very serious problems with elements of the right to rent in terms of its effects on the rights of individual occupiers and how it will work in the parts of the UK in which substantial law-making powers have been devolved to local governments. APPLICATION OF THE RIGHT TO RENT The right to rent provisions apply to all ‘residential tenancy agreements’ but this is defined in a way that is somewhat contrary to that understood by most lawyers.
  • “No Passport Equals No Home”: an Independent Evaluation of the 'Right to Rent' Scheme

    “No Passport Equals No Home”: an Independent Evaluation of the 'Right to Rent' Scheme

    “No Passport Equals No Home”: An independent evaluation of the ‘Right to Rent’ scheme 3 September 2015 Joint Council for the Welfare of Immigrants (JCWI) is an independent national charity that provides direct legal assistance to immigrants and campaigns for a human rights based approach to the formulation of asylum, immigration and nationality law. JCWI was founded in 1967. The Movement Against Xenophobia (MAX) is a coalition of civil society groups, faith groups, trade unions and individuals who have come together to oppose xenophobia and misinformation in the debate on immigration. MAX was launched in October 2013 and has grown rapidly since then. It now has 165 affiliated organisations. JCWI is the founding member and the secretariat for MAX. We would like to thank the following organisations and individuals who have contributed to the evaluation: Asylum Support and Immigration Resource Team (ASIRT) Barbara Cohen Chartered Institute of Housing (CIH) Citizens UK Coventry Law Centre (Birmingham Branch) Discrimination Law Association (DLA) Generation Rent Hansen Palomares Immigration Law Practitioner’s Association (ILPA) Refugee and Migrant Centre (RMC) Wolverhampton Shelter Southwark Law Centre Sue Lukes The National Union of Students (NUS) The University of Sheffield and Sheffield Student’s Union UK Council for International Student Affairs (UKCISA) We would also like to thank all organisations who shared and distributed the surveys and information about the independent evaluation. Authors of this report are: Saira Grant, Legal & Policy Director, JCWI Charlotte Peel, Policy Officer, JCWI Special thanks to Jenny Brown, an intern with JCWI, who has assisted with the research and writing of this report.
  • 12730 Analysis of Law in UK BRX:Layout 1

    12730 Analysis of Law in UK BRX:Layout 1

    Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Prepared for the British Red Cross by The views expressed in the report are those of the authors and do not necessarily reflect the views of the British Red Cross. This report is part of a wider study on cross-border disaster assistance within the EU, carried out in conjunction with five other European National Societies, under the overall co-ordination of the International Federation of Red Cross and Red Crescent Societies. The wider project received funding from the European Commission, who bear no responsibility for the content or use of the information contained in this report. Front cover photograph © Layton Thompson/British Red Cross Flood relief measures in Oxford, 25 July 2007 Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Foreword The United Kingdom is in the fortunate position of Fisher (International Federation of Red Cross and Red being less susceptible to large-scale natural disasters Crescent Societies), Mr Tim Gordon (HMRC), Mr than many other countries. Even so, and as recent Gordon MacMillan (Hanover Associates UK), Mr Roy years have shown, our territory may still be subject to Wilshire (Chief Fire Officer, Hertfordshire County) such emergencies as flooding, and the effects of severe and Ms Moya Wood-Heath (British Red Cross). winter weather. We also wish to thank the authors of this report, The purpose of this study, commissioned by the British Justine Stefanelli and Sarah Williams of the British Red Cross, is to examine the extent to which the legal, Institute of International and Comparative Law, administrative and operational framework for disaster who were assisted by Katharine Everett, Frances response within the UK is able to facilitate potential McClenaghan, Hidenori Takai and Payam Yoseflavi.
  • Murray C. the Magna Carta's Tainted Legacy

    Murray C. the Magna Carta's Tainted Legacy

    Murray C. The Magna Carta’s Tainted Legacy: Historic Justifications for a British Bill of Rights and the case against the Human Rights Act. In: Cowell, F, ed. Critically Examining the Case Against the 1998 Human Rights Act. Oxford: Routledge, 2018, pp.35-51. Copyright: This is an Accepted Manuscript of a book chapter published by Routledge in Critically Examining the Case Against the 1998 Human Rights Act on 13/09/2017, available online: https://www.routledge.com/Critically-Examining-the-Case-Against-the-1998-Human-Rights- Act/Cowell/p/book/9781138223820 URL link to book: https://www.routledge.com/Critically-Examining-the-Case-Against-the-1998-Human-Rights- Act/Cowell/p/book/9781138223820 Date deposited: 04/07/2017 Embargo release date: 13 March 2019 Newcastle University ePrints - eprint.ncl.ac.uk Magna Carta’s Tainted Legacy: Historic Justifications for a British Bill of Rights and the case against the Human Rights Act C.R.G. Murray* Key Words Magna Carta – Human Rights – UK Exceptionalism – British Bill of Rights Abstract Close scrutiny rarely flatters the foundation myths of political orders, but this has not stopped such myths being co-opted for political ends. The near-mythical place of Magna Carta within the UK’s constitutional history allowed the Conservative Government to hitch its proposals for repeal of the Human Rights Act to celebrations of its 800-year anniversary. Celebrating a Charter which supposedly embodies the genesis of legal limitations on previously absolute power would seemingly sit uneasily with the Conservative Party’s commitment to parliamentary sovereignty in the face of the constraints imposed by the European Convention on Human Rights.
  • UK Borders Bill

    UK Borders Bill

    UK Borders Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS Detention at ports 1 Designated immigration officers 2 Detention 3 Enforcement 4 Interpretation: “port” Biometric registration 5 Registration regulations 6 Regulations: supplemental 7 Effect of non-compliance 8 Use and retention of information 9Penalty 10 Penalty: objection 11 Penalty: appeal 12 Penalty: enforcement 13 Penalty: code of practice 14 Penalty: prescribed matters 15 Interpretation Treatment of claimants 16 Conditional leave to enter or remain 17 Support for failed asylum-seekers 18 Support for asylum-seekers: enforcement 19 Points-based applications: no new evidence on appeal 20 Fees Enforcement 21 Assaulting an immigration officer: offence 22 Assaulting an immigration officer: powers of arrest, &c. 23 Seizure of cash 24 Forfeiture of detained property 25 Disposal of property 26 Employment: arrest 27 Employment: search for personnel records 28 Facilitation: arrival and entry Bill 82 54/2 ii UK Borders Bill 29 Facilitation: territorial application 30 People trafficking Deportation of criminals 31 Automatic deportation 32 Exceptions 33 Timing 34 Appeal 35 Detention 36 Family 37 Interpretation 38 Consequential amendments Information 39 Supply of Revenue and Customs information 40 Confidentiality 41 Wrongful disclosure 42 Supply of police information, etc. 43 Search for evidence of nationality 44 Seizure of nationality documents Border and Immigration Inspectorate 45 Establishment 46 Chief Inspector: supplemental 47 Reports 48 Plans 49 Relationship with other bodies: general 50 Relationship with other bodies: non-interference notices 51 Abolition of other bodies 52 Prescribed matters 53 Senior President of Tribunals General 54 Money 55 Repeals 56 Commencement 57 Extent 58 Citation Schedule — Repeals UK Borders Bill 1 A BILL [AS AMENDED IN PUBLIC BILL COMMITTEE] TO Make provision about immigration and asylum; and for connected purposes.
  • Immigration Bill

    Immigration Bill

    HOUSE OF LORDS Select Committee on the Constitution 7th Report of Session 2015‒16 Immigration Bill Ordered to be printed 21 December 2015 and published 11 January 2016 Published by the Authority of the House of Lords HL Paper 75 Select Committee on the Constitution The Constitution Committee is appointed by the House of Lords in each session “to examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution.” Membership The Members of the Constitution Committee are: Lord Brennan Lord Judge Lord Maclennan of Rogart Lord Cullen of Whitekirk Lord Lang of Monkton (Chairman) Lord Morgan Baroness Dean of Thornton-le-Fylde Lord Lester of Herne Hill Lord Norton of Louth Lord Hunt of Wirral Lord MacGregor of Pulham Market Baroness Taylor of Bolton Declarations of interests A full list of Members’ interests can be found in the Register of Lords’ Interests: http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-interests Publications All publications of the committee are available at: http://www.parliament.uk/hlconstitution Parliament Live Live coverage of debates and public sessions of the committee’s meetings are available at: http://www.parliamentlive.tv Further information Further information about the House of Lords and its committees, including guidance to witnesses, details of current inquiries and forthcoming meetings is available at: http://www.parliament.uk/business/lords Committee staff The current staff of the committee are Antony Willott (Clerk), Dr Stuart Hallifax (Policy Analyst) and Hadia Garwell (Committee Assistant). Professor Stephen Tierney and Professor Mark Elliott are the legal advisers to the Committee.
  • Orders Page 1

    Orders Page 1

    HIGH COURT OF AUSTRALIA FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ PLAINTIFF M68/2015 PLAINTIFF AND MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ORS DEFENDANTS Plaintiff M68/2015 v Minister for Immigration and Border Protection [2016] HCA 1 3 February 2016 M68/2015 ORDER The questions stated by the parties in the amended special case dated 7 October 2015, as paraphrased, be answered as follows: Question (1) Does the plaintiff have standing to challenge whether the conduct of the Commonwealth or the Minister in securing, funding and participating in the plaintiff's detention at RPC 3 on Nauru was authorised by a valid law of the Commonwealth or was part of the executive power of the Commonwealth? Answer Yes. Question (2a) Was the conduct of the Commonwealth in signing the Memorandum of Understanding dated 3 August 2013 authorised by s 61 of the Constitution? 2. Answer Yes. Question (2b) Was the conduct of the Commonwealth in giving effect to that arrangement authorised by a valid law of the Commonwealth? Answer Yes, it was authorised by s 198AHA of the Migration Act 1958 (Cth), which is a valid law of the Commonwealth. Question (3) Were the laws by which the plaintiff was detained on Nauru contrary to the Constitution of Nauru? Answer The question does not arise. Questions (4) and (5) Was the conduct of the Commonwealth in securing, funding and participating in the plaintiff's detention at RPC 3 on Nauru authorised by a valid law of the Commonwealth? Answer Yes, see the answer to questions (2a) and (2b).
  • Section 19 of the Human Rights Act 1998 Importance, Impact and Reform

    Section 19 of the Human Rights Act 1998 Importance, Impact and Reform

    This electronic thesis or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ Section 19 of the Human Rights Act 1998 importance, impact and reform Weston, Elin Awarding institution: King's College London The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENCE AGREEMENT Unless another licence is stated on the immediately following page this work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence. https://creativecommons.org/licenses/by-nc-nd/4.0/ You are free to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 27. Sep. 2021 This electronic theses or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ Title: Section 19 of the Human Rights Act 1998: importance, impact and reform Author: Elin Weston The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement.