A Guide to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004

by Juss; Satvinder

• ISBN13: 9781859419823
• ISBN10: 1859419828
• Format: Nonspecific Binding
• Copyright: 2005-05-10
• Publisher: Routledge-Caven

Summary

Immigration law and policy is so controversial and contested that major legislation has been passed every three years since 1993, with three Bills in the last four years alone. None, however, has been more major and controversial than the latest installment, the Asylum Immigration (Treatment of Claimants, etc.) Act 2004. This attempts to deal with applicants who lodge groundless appeals to delay removal and undocumented arrivals seeking asylum. It makes major institutional and structural changes. These will abolish the two-tier immigration appeals system, by instituting a single tier appellate body with limited rights of judicial review. The Government hopes that this will still safeguard the right of appeal and still provide an effective remedy for those whose application has been refused. There is considerable anxiety, however, about these changes amongst practitioners, advisers and students alike of immigration law. This Guide provides a detailed background to this legislation, discusses the context in which its various provisions are set, and explains how the law will now work.

Table of Contents

Preface	vii
Table of Cases	xv
Table of Legislation	xvii
COMMENTARY ON THE ACT	1	(42)
Section 1: assisting unlawful immigration	5	(1)
Section 2: entering the UK without a passport	5	(2)
Section 3: immigration documents -- forgery	7	(1)
Section 4: trafficking people for exploitation	7	(1)
Section 6: supplemental	8	(1)
Section 8: claimant's credibility	9	(6)
Section 9: failed asylum seekers -- withdrawal of support	15	(1)
Section 11: accommodation for asylum seekers -- local connection	16	(1)
Section 12: refugees -- back-dating of benefits	17	(1)
Section 13: integration loans for refugees	17	(1)
Section 14: immigration officers -- powers of arrest	18	(1)
Section 15: fingerprinting	18	(1)
Section 16: information about passengers	18	(1)
Section 17: retention of documents	18	(1)
Section 18: control of entry	19	(1)
Section 19: England and Wales	20	(1)
Section 20: England and Wales -- supplemental	21	(1)
Sections 21 and 22: persons subject to immigration control -- procedures for marriage -- Scotland and supplemental	21	(1)
Sections 23 and 24: persons subject to immigration control -- procedures for marriage -- Northern Ireland and supplemental	21	(1)
Section 25: application for permission under s 19(3)(b), 21(3)(b) or 23(3)(b)	22	(1)
Section 26: unification of appeal system	22	(9)
Section 27: unfounded human rights for asylum claim	31	(1)
Section 28: appeal from within the UK	31	(1)
Section 29: entry clearance	32	(1)
Section 30: earlier right of appeal	33	(1)
Section 31: seamen's and aircrews' right of appeal	33	(1)
Section 32: suspected international terrorist bail	34	(1)
Section 33 and Schedule 3: removing asylum seekers to a safe country	34	(2)
Section 34: detention pending deportation	36	(1)
Section 35: deportation or removal co-operation	37	(1)
Section 36: electronic monitoring	37	(1)
Section 37: provision of immigration services	38	(1)
Section 38: Immigration Services Commissioner -- power of entry	38	(1)
Section 39: offence of advertising services	39	(1)
Section 40: appeal to Immigration Services Tribunal	39	(1)
Section 41: professional bodies	39	(1)
Section 42: amount of fees	40	(1)
Section 43: transfer of leave stamps	40	(1)
Section 48: commencement	40	(3)
Schedules	40	(3)
LEGISLATION
THE ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS, ETC) ACT 2004	43	(62)
OFFENCES
Assisting unlawful immigration	43	(1)
Entering United Kingdom without passport, &c	43	(3)
Immigration documents: forgery	46	(1)
Trafficking people for exploitation	46	(1)
Section 4: supplemental	47	(1)
Employment	48	(1)
Advice of Director of Public Prosecutions	49	(1)
TREATMENT OF CLAIMANTS
Claimant's credibility	49	(2)
Failed asylum seekers: withdrawal of support	51	(1)
Failed asylum seekers: accommodation	52	(2)
Accommodation for asylum seekers: local connection	54	(1)
Refugee: back-dating of benefits	55	(1)
Integration loan for refugees	56	(1)
ENFORCEMENT POWERS
Immigration officer: power of arrest	57	(2)
Fingerprinting	59	(1)
Information about passengers	59	(1)
Retention of documents	59	(1)
Control of entry	59	(1)
PROCEDURE FOR MARRIAGE
England and Wales	60	(1)
England and Wales: supplemental	60	(1)
Scotland	61	(1)
Scotland: supplemental	62	(1)
Northern Ireland	62	(1)
Northern Ireland: supplemental	63	(1)
Application for permission under section 19(3)(b), 21(3)(b) or 23(3)(b)	64	(1)
APPEALS
Unification of appeal system	64	(5)
Unfounded human rights or asylum claim	69	(1)
Appeal from within United Kingdom	70	(1)
Entry clearance	71	(1)
Earlier right of appeal	72	(1)
Seamen and aircrews: right of appeal	72	(1)
Suspected international terrorist: bail	72	(1)
REMOVAL AND DETENTION
Removing asylum seeker to safe country	73	(1)
Detention pending deportation	73	(1)
Deportation or removal: cooperation	73	(2)
Electronic monitoring	75	(2)
IMMIGRATION SERVICES
Provision of immigration services	77	(1)
Immigration Services Commissioner: power of entry	78	(2)
Offence of advertising services	80	(1)
Appeal to Immigration Services Tribunal	81	(1)
Professional bodies	81	(1)
FEES
Amount of fees	82	(1)
Transfer of leave stamps	83	(1)
GENERAL
Interpretation: ``the Immigration Acts''	83	(1)
Interpretation: immigration officer	84	(1)
Money	84	(1)
Repeals	84	(1)
Commencement	84	(1)
Extent	84	(1)
Short title	84	(21)
SCHEDULES
Schedule 1	86	(2)
Schedule 2	88	(9)
Schedule 3	97	(6)
Schedule 4	103	(2)
THE ASYLUM AND IMMIGRATION TRIBUNAL (PROCEDURE) RULES 2005	105	(26)
STATEMENT OF CHANGES IN IMMIGRATION RULES (HC 302) -- FEBRUARY 2005	131	(4)
THE IMMIGRATION (EUROPEAN ECONOMIC AREA) (AMENDMENT) REGULATIONS 2005	135	(2)
THE ASYLUM AND IMMIGRATION TRIBUNAL (FAST TRACK PROCEDURE) RULES 2005	137	(14)
DIRECTIONS UNDER PARAGRAPH 7 OF SCHEDULE 4 TO THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002	151	(2)
PRACTICE DIRECTIONS	153	(20)
Index	173