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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

{{Use dmy dates|date=April 2022}}

{{Infobox UK legislation

|short_title=Asylum and Immigration (Treatment of Claimants, etc.) Act 2004The citation of this Act by this short title is authorised by [http://www.legislation.gov.uk/ukpga/2004/19/section/50 section 50] of this Act.

|parliament=Parliament of the United Kingdom

|long_title=An Act to make provision about asylum and immigration.

|year=2004

|statute_book_chapter=2004 c. 19

|introduced_by=

|territorial_extent=

|royal_assent=22 July 2004

|commencement=

|repeal_date=

|amendments=

|related_legislation=

|repealing_legislation=

|status=

|original_text=http://www.legislation.gov.uk/ukpga/2004/19/contents/enacted

|legislation_history=

|revised_text=http://www.legislation.gov.uk/ukpga/2004/19/contents

|}}

The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) is an Act of the Parliament of the United Kingdom. It set various rules for immigrants to the United Kingdom.

In 2006, section 19 of the Act was declared to be incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms under section 4 of the Human Rights Act 1998. Section 19 dealt with the problem of so-called "sham marriages", where immigrants marry British citizens merely to gain leave to stay. In a case heard by the High Court of Justice in 2006, Mr Justice Stephen Silber ruled that as the section made an exemption for marriages held in the Anglican church, it discriminated against non-Anglicans.{{cite news |date=10 April 2006 |url=https://www.theguardian.com/society/2006/apr/10/asylum.politics |title=Government suspends sham marriage rules |agency=Press Association |work=The Guardian |access-date=27 December 2017}}

Section 48 - Commencement

Section 48(2) provides that section 32(1) has effect in relation to determinations of the Special Immigration Appeals Commission made after the end of the period of two months that began on the date on which this Act was passed. The word "months" means calendar months.The Interpretation Act 1978, section 5 and Schedule 1 The day (that is to say, 22 July 2004) on which the Act was passed (that is to say, received royal assent) is included in the period of two months.Hare v Gocher [1962] 2 QB 641, [1962] 2 All ER 673; Trow v Ind Coope (West Midlands) Ltd [1967] 2 QB 899 at 909, [1967] 2 All ER 900, CA. This means that section 32(1) has effect in relation to determinations of the Special Immigration Appeals Commission made after 22 September 2004.

The following orders have been made under this section:

  • [http://www.legislation.gov.uk/uksi/2004/2523/contents/made The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 1) Order 2004] (S.I. 2004/2523 (C. 105))
  • [http://www.legislation.gov.uk/uksi/2004/2999/contents/made The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 2) Order 2004] (S.I. 2004/2999 (C. 125))
  • [http://www.legislation.gov.uk/uksi/2004/3398/contents/made The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 3) Order 2004] (S.I. 2004/3398 (C. 159))
  • [http://www.legislation.gov.uk/uksi/2005/372/contents/made The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 4) Order 2005] (S.I. 2005/372 (C. 15))
  • [http://www.legislation.gov.uk/uksi/2005/565/contents/made The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 5 and Transitional Provisions) Order 2005] (S.I. 2005/565 (C. 25))
  • [http://www.legislation.gov.uk/uksi/2006/1517/contents/made The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 6) Order 2006] (S.I. 2006/1517 (C. 53))
  • [http://www.legislation.gov.uk/uksi/2007/1602/contents/made The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 7 and Transitional Provisions) Order 2007] (S.I. 2007/1602 (C. 64))
  • [http://www.legislation.gov.uk/uksi/2007/845/contents/made The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 1) (Northern Ireland) Order 2007] (S.I. 2007/845 (C. 33))
  • [http://www.legislation.gov.uk/ssi/2004/494/contents/made The Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (Commencement) (Scotland) Order 2004] (S.I. 2004/494 (C. 35))

Extent

This Act extends to England and Wales, Scotland, and Northern Ireland, except that an amendment effected by this Act has the same extent as the enactment, or as the relevant part of the enactment, amended (ignoring extent by virtue of an Order in Council).The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, [http://www.legislation.gov.uk/ukpga/2004/19/section/49 sections 49(1) and (2)]

As to the extension of this Act to the Isle of Man, see articles [http://www.legislation.gov.uk/uksi/2008/680/article/18/made 18] and [http://www.legislation.gov.uk/uksi/2008/680/article/19/made 19] of, and [http://www.legislation.gov.uk/uksi/2008/680/schedule/8/made Schedule 8] and [http://www.legislation.gov.uk/uksi/2008/680/schedule/10/part/6/made Part 6] of Schedule 10 to, the Immigration (Isle of Man) Order 2008 (S.I. 2008/680), and [http://www.legislation.gov.uk/uksi/2011/1158/article/8/made article 8] of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), and [http://www.legislation.gov.uk/uksi/2011/1408/article/2/made article 2] of, and paragraphs [http://www.legislation.gov.uk/uksi/2011/1408/schedule/paragraph/7/made 7] and [http://www.legislation.gov.uk/uksi/2011/1408/schedule/paragraph/15/made 15] of the Schedule to, the Immigration (Isle of Man) (Amendment) Order 2011 (S.I. 2011/1408).

See also

References

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External links

  • [https://www.theguardian.com/immigration/story/0,,1750943,00.html Guardian news article about the High Court ruling]

= UK legislation =

  • {{UK-LEG|path=ukpga/2004/19|title=Asylum and Immigration (Treatment of Claimants, etc.) Act 2004|type=ukpga}}
  • [http://www.legislation.gov.uk/ukpga/2004/19/notes/contents Explanatory notes] to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

{{UK legislation}}

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Category:2006 in British law

Category:United Kingdom Acts of Parliament 2004

Category:Immigration law in the United Kingdom

Category:Right of asylum legislation in the United Kingdom

Category:Immigration legislation

Category:Sham marriage