Search Legislation

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

Appeals

11.The provisions:

  • unify the immigration and asylum appeals system into a single tier of appeal with limited onward review or appeal;

  • amend Section 94 of the Nationality, Immigration and Asylum Act 2002 to allow the Secretary of State to add a state or part of a state to the list in section 94(4) in respect of particular groups of people only or to exclude particular groups from a state added to the list;

  • limit the circumstances in which a person who arrives in the United Kingdom with entry clearance may appeal from within the United Kingdom against a refusal of leave to enter and remove the right to appeal from within the United Kingdom against a refusal of leave to enter for those persons who arrive with a work permit but no entry clearance and do not fall within a listed category of persons;

  • provide an order-making power to specify a requirement in the immigration rules and where entry clearance is refused because that requirement is not met, there will be no right of appeal against that refusal;

  • revise section 96 of the Nationality, Immigration and Asylum Act 2002 which sets out when a new claim or application may be certified under the “one-stop” system;

  • restore the right of appeal for crew members of ships and aircraft who are to be removed from the United Kingdom under 1971 Immigration Act powers relating specifically to crew members of ships and aircraft; and

  • create a right of appeal where the Special Immigration Appeals Commission has made a determination in respect of an application for bail by someone who has been certified as a suspected international terrorist under Part 4 of the Anti-terrorism, Crime and Security Act 2001.

Back to top

Options/Help

Print Options

Close

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.

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