The Immigration (Claimant’s Credibility) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the manner in which a person may be notified of an immigration decision for the purposes of section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (“the 2004 Act”) and the time at which a person will be treated as having received the notification. Section 8 of the 2004 Act provides that a deciding authority, in determining whether to believe a statement made by or on behalf of a person who makes an asylum or human rights claim shall take into account certain specified behaviours as damaging a claimant’s credibility. Section 8(5) of the 2004 Act provides that one of those behaviours is making an asylum or human rights claim after being notified of an immigration decision, unless the claim relies wholly on matters arising after the notification. An immigration decision is defined in section 8(7) of the 2004 Act.

Some of the immigration decisions listed in section 8(7) of the 2004 Act are also appealable decisions under section 82 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). Regulations made under section 105 of the 2002 Act provide for written notice to be given in a specified form to a person where an appealable immigration decision under section 82 of the 2002 Act is taken in respect of them. A notice which does not comply with the provisions of the regulations made under section 105 may, nevertheless amount to notice for the purposes of section 8(5) if it complies with the provisions of these Regulations.

Regulation 3 specifies the ways in which a person may be notified of an immigration decision.

Regulation 4 makes provision for when notice of an immigration decision is treated as having been received.