UK Borders Bill

moved Amendment No. 70B: 70B: Before Clause 56, insert the following new Clause— ““““Points-based”” applications: remit of Independent Monitor In section 23(1) of the Immigration and Asylum Act 1999 (c. 33) after ““cases”” insert ““decided according to the ““Points-based System”” or””.”” The noble Lord said: The powers of the independent monitor for entry clearance refusals are defined in Section 23(1) of the Immigration and Asylum Act 1999, as amended, as being, "““to monitor … refusals of entry clearance … where there is, as a result of section 90 or 91 of the Nationality, Immigration and Asylum Act 2002, no right of appeal””." Section 4 of the IAN Act 2006 inserted a new Section 88A in the 2002 Act, ending certain appeals against refusal of applications for entry clearance under the points-based system. It follows that refusals under the points-based system that come under Section 88A would not be subject to scrutiny by the independent monitor. As I believe that was not the intention, I hope the Minister will accept the spirit of this amendment. I must confess that it was very late on Friday afternoon when I obtained confirmation of my analysis of the effect of Section 4 of the 2006 Act from an authoritative source, so the drafting of the amendment was hasty. It might be more elegant to insert the words ““or 88A”” after the words ““91 in Section 4””, but at this stage the essential is to agree that the independent monitor is intended to exercise her function over refusals under the points-based system and for the Minister to undertake to produce the best form of words to achieve that objective before Report. I beg to move.