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

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004^[1]
	Parliament of the United Kingdom
Long title	An Act to make provision about asylum and immigration.
Citation	2004 c. 19
Dates
Royal assent	22 July 2004
Text of statute as originally enacted
Revised text of statute as amended

Last updated January 11, 2024

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 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.^[2]

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.^[3] 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.^[4] 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:

The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 1) Order 2004 (S.I. 2004/2523 (C. 105))
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 2) Order 2004 (S.I. 2004/2999 (C. 125))
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 3) Order 2004 (S.I. 2004/3398 (C. 159))
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 4) Order 2005 (S.I. 2005/372 (C. 15))
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 5 and Transitional Provisions) Order 2005 (S.I. 2005/565 (C. 25))
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 6) Order 2006 (S.I. 2006/1517 (C. 53))
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 7 and Transitional Provisions) Order 2007 (S.I. 2007/1602 (C. 64))
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 1) (Northern Ireland) Order 2007 (S.I. 2007/845 (C. 33))
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).^[5]

As to the extension of this Act to the Isle of Man, see articles 18 and 19 of, and Schedule 8 and Part 6 of Schedule 10 to, the Immigration (Isle of Man) Order 2008 (S.I. 2008/680), and article 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), and article 2 of, and paragraphs 7 and 15 of the Schedule to, the Immigration (Isle of Man) (Amendment) Order 2011 (S.I. 2011/1408).

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References

Halsbury's Statutes,

↑ The citation of this Act by this short title is authorised by section 50 of this Act.
↑ (April 10, 2006), "Government suspends sham marriage rules," The Guardian. Retrieved December 27, 2017
↑ The Interpretation Act 1978, section 5 and Schedule 1
↑ 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.
↑ The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, sections 49(1) and (2)

External links

Guardian news article about the High Court ruling

UK Legislation

Text of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .
Explanatory notes to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

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[1] The citation of this Act by this short title is authorised by section 50 of this Act.

[2] (April 10, 2006), "Government suspends sham marriage rules," The Guardian. Retrieved December 27, 2017

[3] The Interpretation Act 1978, section 5 and Schedule 1

[4] 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.

[5] The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, sections 49(1) and (2)

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