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

Background

3.The Minister of State for Citizenship, Immigration and Counter-Terrorism announced proposals on asylum reform to Parliament on 27 October 2003. Ministers from the Home Office and the Department for Constitutional Affairs published a letter on 27 October 2003 outlining the Government’s proposals on asylum reform. This letter provides the background to the Act. The letter set out a range of proposals which are intended to:

  • streamline the immigration and asylum appeals system;

  • deal with undocumented arrivals;

  • deal with situations where it is deemed that a country other than the United Kingdom is best placed to consider someone’s asylum or human rights claim substantively;

  • withdraw family support after appeal from those who are in a position to leave the UK; and

  • enhance the powers of the Office of the Immigration Services Commissioner (“OISC”).

4.During the passage of the Bill through the Lords a number of new policy proposals were put forward which are intended to:

  • enable the provision of accommodation to failed asylum seekers to be made conditional upon the participation in community activities;

  • establish a local connection, for housing purposes, for an asylum seeker who is provided with accommodation under section 95 of the Immigration and Asylum Act 1999;

  • replace the current system of backpayments of income support and related benefits with a system of loans to refugees; and

  • tackle sham marriages.

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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