Borders, Citizenship and Immigration Bill [Lords]

With this it will be convenient to discuss the following: new clause 6—Right of appeal to court of appeal— ‘Section 13(6) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (right of appeal to court of appeal etc.) does not apply in relation to immigration and nationality appeals from the Upper Tribunal.’. Government amendment 41. Amendment 31, in clause 54, page 45, line 21, leave out paragraph (a). Amendment 32, page 45, line 23, leave out paragraph (c). Amendment 33, page 45, line 26, leave out paragraph (a). Amendment 34, page 45, line 28, leave out paragraph (c). Amendment 35, page 45, line 31, leave out paragraph (a). Amendment 36, page 45, line 33, leave out paragraph (c). Amendment 37, page 45, line 33, at end insert— ‘(3A) Nothing in section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales transfer from the High Court to the Upper Tribunal), section 25 of the Judicature (Northern Ireland) Act 1978 (c. 23) (Northern Ireland: transfer from the High Court to the Upper Tribunal) or section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (transfer from the Court of Session to the Upper Tribunal) shall permit the transfer of any application where the application calls into question a decision under— (a) the British Nationality Act 1981 (c. 61), (b) any instrument having effect under an enactment within paragraph (a), or (c) any other provision of law for the time being in force which determines British citizenship, British overseas territories citizenship, the status of a British National (Overseas) or British Overseas citizenship.’. Amendment 38, page 45, line 33, at end insert— ‘(3A) The Secretary of State must by affirmative order make provision for the transfer of fresh claim applications made under rule 353 of the Immigration Rules to the Upper Tribunal. (3B) An order under the above subsection may not be made until after the Asylum and Immigration jurisdiction has been transferred to the First Tier Tribunal and Upper Tribunal.’. Government amendments 42 and 43. Amendment 25, in clause 59, page 47, line 39, at end insert ‘, provided this is no sooner than two years after the date of Royal Assent,’. Government amendments 44 and 45.