The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

. It set various rules for

immigrants Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, a ...

to the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

. In 2006, section 19 of the Act was declared to be incompatible with the

Convention for the Protection of Human Rights and Fundamental Freedoms The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by th ...

under section 4 of the Human Rights Act 1998. Section 19 dealt the problem of so-called "

sham marriage A sham marriage or fake marriage is a marriage of convenience entered into without intending to create a real marital relationship. This is usually for the purpose of gaining an advantage from the marriage. Definitions of sham marriage vary b ...

s", where immigrants marry British citizens merely to gain leave to stay. In a case heard by the

High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...

in 2006, Mr Justice Stephen Silber ruled that as the section made an exemption for marriages held in the

Anglican church Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the ...

, it discriminated against non-Anglicans.

Section 48 - Commencement

Section 48(2) provides that section 32(1) has effect in relation to determinations of the Special Immigration Appeals Commission made after the end of the period of two months that began on the date on which this Act was passed. The word "months" means

calendar month A calendar is a system of organizing days. This is done by giving names to periods of time, typically days, weeks, months and years. A date is the designation of a single and specific day within such a system. A calendar is also a physi ...

Extent

This Act extends to

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

, and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...

, except that an amendment effected by this Act has the same extent as the enactment, or as the relevant part of the enactment, amended (ignoring extent by virtue of an Order in Council).The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
sections 49(1) and (2)
/ref> As to the extension of this Act to the

Isle of Man ) , anthem = "O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europe ...

, see article
18
an
19
of, an
Schedule 8
an
Part 6
of Schedule 10 to, the

Immigration (Isle of Man) Order 2008 Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...

(S.I. 2008/680), an
article 8
of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), an
article 2
of, and paragraph
7
an
15
of the Schedule to, the

Immigration (Isle of Man) (Amendment) Order 2011 Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...

(S.I. 2011/1408).

References

* Halsbury's Statutes,

External links

Guardian news article about the High Court ruling

UK Legislation

*
Explanatory notes
to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. {{Authority control 2006 in British law United Kingdom Acts of Parliament 2004 Immigration law in the United Kingdom Right of asylum legislation in the United Kingdom Immigration legislation Sham marriage

Section 48 - Commencement

Extent

See also

References

External links

UK Legislation