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

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Text of statute as originally enacted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

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.

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.^[2] 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.^[3] 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).^[4]

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).

References

Halsbury's Statutes,

↑ The citation of this Act by this short title is authorised by section 50 of this Act.
↑ 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.

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of the Parliament of Ireland	to 1700 1701–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes Legislation.gov.uk Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament List Acts and Measures of the National Assembly for Wales List Acts of the Northern Ireland Assembly List Acts of the Parliament of Northern Ireland List Orders in Council for Northern Ireland List

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Acts of Sederunt Acts of Adjournal

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