B1614 –Asylum and Immigration Bill 2020

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Andrew97
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B1614 – Asylum and Immigration Bill 2020, Miss Maddie MP



Asylum and Immigration Bill 2020



A
BILL
TO

To introduce a cap of 1000 asylum seekers each year in the UK and deport any foreign criminal who has been sentenced to more than 12 months imprisonment


BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Interpretations

(1) In this Act “asylum-seeker” means a person who is not under 18 and has made a claim for asylum which has been recorded by the Secretary of State but which has not been determined;
(2) In this Act a “claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention, or under Article 3 of the Human Rights Convention, for the claimant to be removed from, or required to leave, the United Kingdom;
(3) In this Act a “dependant”, in relation to an asylum-seeker or a supported person, means a person in the United Kingdom who—
(a)is his spouse;
(b)is a child of his, or of his spouse, who is under 18 and dependent on him; or
(c)falls within such additional category, if any, as may be prescribed.
(4) In this Act a "non-Briton" is a person who does not possess British citizenship.
(5) In this Act a "child" is a person under the age of 18.
(6) In this Act "removal/removed" means removed as a result of directions given under section 10 or under Schedule 2 or 3 to the 1971 Act.

2 Claims for Asylum

(1) A maximum of 1000 claims for asylum may approve by the United Kingdom in any calendar year.
(2) A maximum of 1000 asylum seekers and their dependants may be granted entry into the United Kingdom in any calendar year.
(3) The Secretary of State may arrange for the provision of a system that prioritises claims from asylum-seekers who have served the Untied Kingdom in some capacity.

3 Removal of non-Britons sentenced to imprisonment for a period exceeding 12 months

(1) A person (P) will be removed from the United Kingdom if the person has been sentenced to more than 12 months of imprisonment in the United Kingdom.
(2) Where P is liable to be or has been removed from the United Kingdom under subsection (1), a member of P's family who meets the following three conditions may also be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer, provided that the Secretary of State or immigration officer has given the family member written notice of the intention to remove him or her.
(3) The first condition is that the family member is—
(a) P's partner,
(b) P's child, or a child living in the same household as P in circumstances where P has care of the child,
(c) in a case where P is a child, P's parent, or
(d) an adult dependent relative of P.
(4) The second condition is that—
(a) in a case where the family member has leave to enter or remain in the United Kingdom, that leave was granted on the basis of his or her family life with P;
(b) in a case where the family member does not have leave to enter or remain in the United Kingdom, in the opinion of the Secretary of State or immigration officer the family member—
(i) would not, on making an application for such leave, be granted leave in his or her own right, but
(ii) would be granted leave on the basis of his or her family life with P, if P had leave to enter or remain.
(5) The third condition is that the family member is neither a British citizen, nor is he or she entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.
(6) A notice given to a family member under subsection (2) invalidates any leave to enter or remain in the United Kingdom previously given to the family member.
(7) The Secretary of State may by regulations make further provision about—
(a) the time period during which a family member may be removed.
(b) the service of a notice.

4 Procedure for removal
(1) The procedure for removal will follow that set out in Part I Section 5 of the Immigration Act 1971.
(2) The procedure for appeals against removal will follow that set out in Part II of the Immigration Act 1971.

5 Extent, commencement and short title
(1) This Act extends to the United Kingdom
(2) This Act comes into force immediately
(3) This Act may be cited as the Immigration Act 2020

Notes

Section 2 - caps asylum seekers at 1000 per year
Sections 3 & 4 - deports foreign criminals sentenced to more than 12 months imprisonment.

I neither support of asylum nor keeping foreign criminals in the UK. As a compromise position (which is identical to the Tory Party's most recent manifesto that they were elected on) I have capped asylum seekers at 1000 and deport only criminals sentenced to more than 12 months.

I recognise this is going to come down to ideology and appeasing the party you are trying to get into bed with, and that debate of the actual substance will not go anywhere
Last edited by Andrew97; 2 days ago
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Iñigo de Loyola
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Aye to deportation of foreign criminals - I'm not sure a cap on the number of successful asylum claims is the right way to go about solving the issue of illegal immigrants attempting to reach the Kent coast but it's a better solution than what we have at present.
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04MR17
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I thank the author for a comprehensive bill which I look forward to reading at a later date. I'd be particularly keen to hear the thoughts of the Home Secretary on this issue.
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Miss Maddie
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Aye! Two simple change that should be popular with half the House.
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SnowMiku
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I'm not sure setting the limits on those who can seek refuge in a country because they're coming here to avoid getting killed in some cases is a very good idea personally. It'll lead to arbitrary decisions and people not being treated as people.
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Aph
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A cap on asylum seekers would not be compatible with international law. We are required to give each application equal consideration and we cannot do that if there is a limit to how many people we can take. Not least because it is my understanding that all applications need to be processed within 6 months (or at least that's the target). Besides, any cap will be completely arbitrary.

The wording of 3 is problematic for many reasons. Firstly, whilst the title talks about non-nationals, the text in (1) does not. Thus this bill has the effect of deporting all British citizens who are sentenced for more that 12 months.

Second, it seems completely abhorrent to me to deport an entire family because their sixteen-year-old child broke the law.
Lastly, if a couple come to the UK together but become estranged. If they both came over because one of them had a job, I see no reason to remove their partner who may now be entirely independent of them.

This deportation part basically seems to be designed to get around right to a family life by creating instead a situation where the crimes of the father are quite literally the crimes of the son. In a liberal democracy with the rule of law we hold people responsible for their actions, we do not and should never hold others responsible by association.
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ibotu020
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I will be voting against this
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Gundabad(good)
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Nay. We need to start taking more responsibility for immigration and asylum seekers and not just ship them off at the slightest problem.
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Miss Maddie
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(Original post by Gundabad(good))
Nay. We need to start taking more responsibility for immigration and asylum seekers and not just ship them off at the slightest problem.
Will you be voting against your own party's manifesto pledges?
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Gundabad(good)
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(Original post by Miss Maddie)
Will you be voting against your own party's manifesto pledges?
I want new detention centres to keep these illegal immigrants in custody until we decide what to do with them. This bill will undermine that.
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Miss Maddie
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(Original post by Gundabad(good))
I want new detention centres to keep these illegal immigrants in custody until we decide what to do with them. This bill will undermine that.
I asked you a yes or no question. Your own party made a manifesto promise to do as this bill does. Will you vote against your own party's promise?
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Theloniouss
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I do not support this. There is no cap on the number of possible valid claims to asylum, so there should be no cap on the number of possible asylum seekers.
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Saracen's Fez
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Absolutely not. One asylum seeker per 65,000 people is also not a lot. My current adopted home of Cambridge can cope with more than two asylum seekers per year.

I'm still not going to support deporting criminals either – they should serve their sentence here first.
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Tinders
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I cannot support this bill. A cap on asylum seekers has the potential to deny hundreds or possibly thousands of legitimate claims to asylum in the United Kingdom. On the issue of removing those who are non-Britons, what if they have the right to abode but no British passport, such as those with indefinite leave to remain/enter? What about EU citizens? What if they will be deported back to a country where they could face torture or death? Why should we even deport them in the first place? They were convicted here after all. This bill contains too many flaws.
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Bailey14
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Absolutely not.
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Napp
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I cannot in all good conscience support this bill, simply for the notion of a cap on asylum claims. This issue can be much better addressed through strengthening the laws surround whom is allowed to apply and in what category as opposed to introducing a meaningless cap - something that is dubious under international law anyway. On top of this, it is pointless. This law change would only really apply to those who bother to actively seek to come in under this category and will simply be completely ignored by those who wish to come in anyway, making this act completely redundant in that regard.

However, one is fully in favour of ejecting foreign criminals, within the mandate of the law. there will of course be exceptions to this. It is rather unconscionable to deport someone (lets say committed of assault in a bar brawl) to Afghanistan (as but another example) if they have spent their entire life in the UK but are still technically classed as a foreign national.

Essentially all of this is dealt with under pre-existing laws anyway, foreign criminals can already be deported so i fail to see the need for more legislation that doesnt drastically change it and might well impinge upon existing laws?
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CatusStarbright
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I'm going to agree with other people and say that the cap on asylum seekers absolutely means I cannot support this bill. Such a cap on numbers is arbitrary and constitutes a shirking of our obligations as a developed nation.
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Rakas21
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Mr Speaker, although i would like to support this bill in division that support is contingent upon several amendments to this bill given its current state.

Although i have no objection to section 1, section 2 needs to allow powers to the Secretary of State to grant requests in circumstance specific situations (perhaps the Russians invade Poland for example). The guidance for processing asylum requests also needs extending from 6 to 12 months as per Aph's comment so that you can then outline the provisions of a quota system (be that a lottery or anything else). Essentially this section is very underdeveloped as things stand.

Regarding section 3 i tend to agree with The Rt. Hon. Napp. MP in that one should not be deporting the family of those who have committed a crime (whether the family should have been aloud to come is much more debatable) if the family members have upheld British law and they should also serve their prison sentence first.
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Rakas21
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(Original post by Iñigo de Loyola)
Aye to deportation of foreign criminals - I'm not sure a cap on the number of successful asylum claims is the right way to go about solving the issue of illegal immigrants attempting to reach the Kent coast but it's a better solution than what we have at present.
Currently the effect of the bill would be to put the migrants in the UK for 6 months as happens now before an unspecified process occurs to select the thousand and then more of them get slowly removed.
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Rakas21
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(Original post by SnowMiku)
I'm not sure setting the limits on those who can seek refuge in a country because they're coming here to avoid getting killed in some cases is a very good idea personally. It'll lead to arbitrary decisions and people not being treated as people.
The right to flee persecution and the right to travel to the UK are two very different things. About 50% of all countries can be regarded as safe, by coming to the UK what they are trying to do is add a wealth metric to their quest and that is what most of us who oppose the bulk of asylum are opposed to (finding a minimum wage job might make them better off but refugees as opposed to proper immigrants are disproportionately unskilled, uneducated and deprived and will never benefit our nation.
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