Lord Kerr of Kinlochard moved Motion B1, as an amendment to Motion B, at end to insert “, and do propose Amendment 9D in lieu—
9D Clause 4, page 6, line 13, leave out “cannot be considered under the immigration rules” and insert “must be considered under the immigration rules if the person who made the claim has not been removed from the United Kingdom within six months of the day the claim is deemed inadmissible, subject to subsections (3B) and (3C).
(3A) From the point at which the provisions of subsection (3) apply to a person, no other provision made by or by virtue of this Act applies to that person.
(3B) For the purpose of calculating the period of six months under subsection (3), any period during which the person cannot be removed by virtue of section 46 (suspensive claims: duty to remove) is to be disregarded.
(3C) Subsection (3) does not apply if the reason that the person has not been removed from the United Kingdom can be attributed to the actions of that person.””