Orders of the Day— Immigration, Asylum and Nationality Bill: New Clause 1— Over-staying Leave Pending Appeal
I beg to move, That the clause be read a Second time.

Clause text:

New Clause 1— Over-staying Leave Pending Appeal
'(1)   A person does not commit an offence under section 24(1)(b)(i) of the Immigration Act 1971 (c. 77) (over-staying leave to enter or remain) by virtue only of remaining in the United Kingdom at a time when the conditions in this section are satisfied.
(2)   Condition 1 is that—
(a)   the person's leave has been curtailed, or
(b)   his application for variation of leave has been refused.
(3)   Condition 2 is that a decision has been made to remove the person from the United Kingdom.
(4)   Condition 3 is that—
(a)   the person could bring an appeal against that decision while in the United Kingdom by virtue of sections 82(2)(g) and 92(4) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals) (ignoring any possibility of an appeal out of time with permission), or
(b)   the person has brought an appeal against that decision while in the United Kingdom by virtue of those sections and the appeal is pending.
(5)   In subsection (4)(b) "pending" has the meaning given by section 104 of the Nationality, Immigration and Asylum Act 2002.'.—[Mr. McNulty.]
Brought up, and read the First time.