Search Legislation

Advanced Search

The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2011 No. 1158

Immigration

The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011

Made

25th April 2011

Coming into force

9th May 2011

Section 19(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004(1) has been declared (2) under section 4 of the Human Rights Act 1998(3) to be incompatible with a Convention right (4).

The time for bringing an appeal has expired and no appeal has been brought within that time.

The Secretary of State considers that there are compelling reasons for proceeding by way of remedial order (5) to make such amendments to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 as she considers necessary to remove the incompatibility.

In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of Schedule 2 to that Act.

Accordingly, the Secretary of State makes the following Order in the exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a), (2) and (3) of Schedule 2 to, the Human Rights Act 1998:

(2)

By the Administrative Court in the case of The Queen on the application of Baiai and others v Secretary of State for the Home Department [2006] EWHC 823 QB (Admin).

(4)

See section 1(1) of the Human Rights Act 1998 for the definition of “Convention rights” and section 21(1) of that Act for the definition of “Convention”.

(5)

See section 21(1) of the Human Rights Act 1998 for the definition of “remedial order”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources