What UK Asylum and Immigration (Treatment of Claimants, etc.) Act 2004: Trafficking and Document Offences, Claimant Credibility and Safe-Country Removal requires
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 strengthened United Kingdom criminal offences connected with immigration, reshaped the treatment of asylum claimants and consolidated the appeal system, administered by the Home Office and the immigration tribunal. The offence provisions are prominent: section 1 deals with assisting unlawful immigration, section 2 creates the offence of entering the United Kingdom without a passport or other document establishing identity and nationality (subject to a reasonable-excuse defence), and section 4 creates the offence of trafficking people for exploitation. Section 8 addresses the credibility of an asylum or human-rights claimant, requiring the deciding authority to take account, as damaging the claimant's credibility, of specified behaviour such as the destruction of documents or failure to claim in a safe third country. Section 26 provides for the unification of the appeal system, the reform that replaced the two-tier adjudicator and tribunal structure with a single Asylum and Immigration Tribunal. Section 33 provides for removing an asylum seeker to a safe country and gives effect to Schedule 3, which lists categories of safe third countries to which a claimant may be removed and restricts challenges to such removals. Section 36 provides for electronic monitoring of persons subject to immigration control. The Act is the instrument that created the no-document offence and the people-trafficking-for-exploitation offence, codified the statutory credibility factors and built the safe-country removal scheme in Schedule 3.
Pillar: Immigration & Border Control · Authority: UK Parliament / Home Office · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2004/19/contents
SHA-256 integrity: 531cd96badf64b36ce2af6e2601286f8d3950c86b4c2617a6e48ea2b0c7f35ce
Primary Citations — 8 traced to source
- Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, section 1 - assisting unlawful immigration.
- Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, section 2 - entering the United Kingdom without a passport, etc.
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