Explanatory Notes

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

2004 CHAPTER 19

22 July 2004

Enforcement Powers

Section 17: Retention of documents

71.Section 17 provides the Secretary of State and an immigration officer with the power to retain documents (which could include a passport or birth certificate) whilst it is suspected that the person the document relates to is liable to removal, and that retention of the document may facilitate their removal from the United Kingdom. It complements current powers, such as those in paragraphs 4(2A) and 18(2) of Schedule 2 to the Immigration Act 1971, which already permit the seizure and retention of documents in certain circumstances.