The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c 19) is an Act

Act of Parliament

An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...

 of the Parliament of the United Kingdom

Parliament of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

. It set various rules for immigrants

Immigration

Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...

 to the United Kingdom

United Kingdom

The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

. In 2006, section 19 of the Act was declared to be incompatible

Declaration of incompatibility

A declaration of incompatibility is a declaration issued by judges in the United Kingdom that they consider that the terms of a statute to be incompatible with the UK's obligations under the Human Rights Act 1998, which incorporated the European Convention of Human Rights into the UK domestic...

 with the Convention for the Protection of Human Rights and Fundamental Freedoms

European Convention on Human Rights

The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...

 under section 4 of the Human Rights Act 1998

Human Rights Act 1998

The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...

.

Section 19 dealt the problem of so-called "sham marriage

Sham marriage

A sham marriage or fake marriage is a marriage of convenience entered into with the intent of deceiving public officials or society about its purpose. Arranging or entering into such a marriage to deceive public officials is itself a separate violation of the law of some countries...

s", where immigrants marry British citizens merely to gain leave to stay. In a case heard by the High Court of Justice

High Court of Justice

The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...

 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. 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. 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

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, Scotland

Scotland

Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

, and Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, 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).

As to the extension of this Act to the Isle of Man

Isle of Man

The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...

, see articles18 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).

External links

• Guardian news article about the High Court ruling

UK Legislation

• Explanatory notes to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.