Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
Offences
1Assisting unlawful immigration
2Entering United Kingdom without passport, &c.
3Immigration documents: forgery
4Trafficking people for exploitation
5Section 4: supplemental
6Employment
7Advice of Director of Public Prosecutions
Treatment of claimants
8Claimant’s credibility
9Failed asylum seekers: withdrawal of support
10Failed asylum seekers: accommodation
11Accommodation for asylum seekers: local connection
12Refugee: back-dating of benefits
13 Integration loans for refugees and others
Enforcement powers
14Immigration officer: power of arrest
15Fingerprinting
16Information about passengers
17Retention of documents
18Control of entry
Procedure for marriage
19England and Wales
20England and Wales: supplemental
21Scotland
22Scotland: supplemental
23Northern Ireland
24Northern Ireland: supplemental
25Application for permission under section 19(3)(b), 21(3)(b) or 23(3)(b)
Appeals
26Unification of appeal system
27Unfounded human rights or asylum claim
28Appeal from within United Kingdom
29Entry clearance
30Earlier right of appeal
31Seamen and aircrews: right of appeal
32Suspected international terrorist: bail
Removal and detention
33Removing asylum seeker to safe country
34Detention pending deportation
35Deportation or removal: cooperation
36Electronic monitoring
Immigration services
37Provision of immigration services
38Immigration Services Commissioner: power of entry
39Offence of advertising services
40Appeal to Immigration Services Tribunal
41Professional bodies
Fees
42Amount of fees
43Transfer of leave stamps
General
44Interpretation: “the Immigration Acts”
45Interpretation: immigration officer
46Money
47Repeals
48Commencement
49Extent
50Short title
SCHEDULES
SCHEDULE 1New Schedule 4 to the Nationality, Immigration and Asylum Act 2002
New Schedule 4 to the Nationality, Immigration and Asylum Act 2002
SCHEDULE 2Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1Consequential Amendments
Immigration Act 1971 (c. 77)
1(1) Schedule 2 to the Immigration Act 1971 (control on...
House of Commons Disqualification Act 1975 (c. 24)
2(1) Schedule 1 to the House of Commons Disqualification Act...
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
3(1) Schedule 1 to the Northern Ireland Assembly Disqualification Act...
British Nationality Act 1981 (c. 61)
4In section 40A of the British Nationality Act 1981 (deprivation...
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
5(1) For paragraph 6A of Part 1 of Schedule 1...
Courts and Legal Services Act 1990 (c. 41)
6In Schedule 11 to the Courts and Legal Services Act...
Tribunals and Inquiries Act 1992 (c. 53)
7(1) The Tribunals and Inquiries Act 1992 shall be amended...
Judicial Pensions and Retirement Act 1993 (c. 8)
8(1) The Judicial Pensions and Retirement Act 1993 shall be...
Asylum and Immigration Appeals Act 1993 (c. 23)
9Section 9A of the Asylum and Immigration Appeals Act 1993...
Special Immigration Appeals Commission Act 1997 (c. 68)
10The Special Immigration Appeals Commission Act 1997 shall be amended...
11At the end of section 2B (deprivation of citizenship) insert...
12(1) In Schedule 1 (constitution, &c.) for paragraph 5(b) substitute—...
13(1) Schedule 3 (bail) shall be amended as follows.
Access to Justice Act 1999 (c. 22)
14For paragraph 2(1)(h) of Schedule 2 to the Access to...
Immigration and Asylum Act 1999 (c. 33)
15In section 156(3) of the Immigration and Asylum Act 1999...
Nationality, Immigration and Asylum Act 2002 (c. 41)
16The Nationality, Immigration and Asylum Act 2002 shall be amended...
17In section 72(10)(serious criminal) omit “adjudicator,”.
18(1) In the provisions listed in sub-paragraph (2)—
19In section 87— (a) for subsection (3) substitute—
20In section 104 (pending appeal)— (a) for subsection (2) substitute—...
21In section 106 (rules)— (a) in subsection (1)(a) for “,...
22(1) In section 107 (practice directions)— (a) for “the Immigration...
23In section 108 (forged document: proceedings in private)—
24(1) Section 112 (regulations, &c.) shall be amended as follows....
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
25(1) For paragraph 2(i) of Schedule 2 to the Access...
Part 2Transitional Provision
26In this Part “commencement” means the coming into force of...
27A person who immediately before commencement is, or is to...
28Where immediately before commencement a person is a member of...
29A person who immediately before commencement is a member of...
30(1) This paragraph shall have effect in relation to applications...
SCHEDULE 3Removal of Asylum Seeker to Safe Country
Part 1Introductory
1(1) In this Schedule— “asylum claim” means a claim by...
Part 2First List of Safe Countries (Refugee Convention and Human Rights (1))
2This Part applies to— (a) Austria, (b) Belgium,
3(1) This paragraph applies for the purposes of the determination...
4Section 77 of the Nationality, Immigration and Asylum Act 2002...
5(1) This paragraph applies where the Secretary of State certifies...
6. . . . . . . . . ....
Part 3Second List of Safe Countries (Refugee Convention and Human Rights (2))
7(1) This Part applies to such States as the Secretary...
8(1) This paragraph applies for the purposes of the determination...
9Section 77 of the Nationality, Immigration and Asylum Act 2002...
10(1) This paragraph applies where the Secretary of State certifies...
11. . . . . . . . . ....
Part 4Third List of Safe Countries (Refugee Convention Only)
12(1) This Part applies to such States as the Secretary...
13(1) This paragraph applies for the purposes of the determination...
14Section 77 of the Nationality, Immigration and Asylum Act 2002...
15(1) This paragraph applies where the Secretary of State certifies...
16. . . . . . . . . ....
Part 5Countries Certified as Safe for Individuals
17This Part applies to a person who has made an...
18Where this Part applies to a person section 77 of...
19Where this Part applies to a person—
Part 6Amendment of Lists
20(1) The Secretary of State may by order
21(1) An order under paragraph 20(1)(a) or (2)(a)—
SCHEDULE 4Repeals

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

2004 c. 19

An Act to make provision about asylum and immigration.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C3C1C2

Annotations:
Modifications etc. (not altering text)
C3

Act extended in part (Isle of Man) (with modifications) (13.3.2008 for specified purposes, 1.5.2008 in so far as not already in force) by Immigration (Isle of Man) Order 2008 (S.I. 2008/680), art. 18, Sch. 8 (with art. 5, Sch. 2) (as amended: (9.5.2011) by S.I. 2011/1158, arts. 1(1), 8; (29.6.2011) by S.I. 2011/1408, art. 1, Sch. para. 7; (14.3.2019) by S.I. 2019/562, arts. 1, 5, 15; and (31.12.2020) by S.I. 2020/1214, arts. 1, 10(2)

C1

Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), art. 8, Sch. 6, Sch. 6A (with art. 16)

C2

Act: power to amend conferred (28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(h), (3)-(6), 87(1)(4)(i)