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Asylum and Immigration (Treatment of Claimants) Act 2004

"My government is committed to the maintenance of an effective asylum and immigration system. Legislation will therefore be brought forward to establish a single tier of appeal against asylum decisions, to reduce the scope for delay caused by groundless appeals, and to put in place a range of other measures to tackle abuse of the system and fraudulent claims."

David Blunkett, home secretary, was widely expected to introduce an Asylum Bill designed to crack down on legal wrangling over exhaustive appeals, and speed up the removals process.

A set of proposals was announced on October 27 2003 with the express intention of introducing legislation as soon as possible.

The most controversial of the plans for the Asylum Bill is to create a single tier appeal process against decisions to remove asylum seekers from the country.

The Bill could also make it a criminal offence carrying a two-year sentence to destroy travel documents on the way to the UK - a technique reportedly used to make the application process easier to manipulate.

Announcing the proposed legislative changes David Blunkett specifically criticised the wasted money spent on groundless application appeals.

He said: "These new measures will introduce a single tier of appeal and give new powers to the regulator to act against the legal advisers who are simply giving advice on how to defraud the system."

Blunkett is also proposing to end financial support to immigrant families who are able, but unwilling, to return home.

As part of a "crack-down" on "unscrupulous legal advisors," new powers would allow the Immigration Services Commissioner to raid private and business premises of unqualified legal advisers.

Even before these legislative proposals were announced, there was widespread media speculation about the measures, and there is a consensus that a new Bill will be announced in the Queen's Speech.

Dissent is anticipated from the Labour backbenches, as well as from refugee organisations.

Imran Hussain of the Refugee Council was quoted in the Observer on September 21 2003.

He said: "The changes that we are hearing about may deny people a fair hearing by stopping their ability to appeal against a poor decision by the Home Office."


Progress


House of Commons

First reading: November 27 2003 (HC Bill 5)

Second reading: December 17 2003

Standing Committee B

Remaining stages: March 1 2004

House of Lords:

First reading: March 3 2004 (HL Bill 36)

Second reading: March 15 2004

Committee

Bill as amended in the committee (HL Bill 66)

Bill as amended in committee on recommitment (HL Bill 87)

Report stage: May 18 2004 (part 1)
                    May 18 2004 (part 2)
                    June 7 2004
                    June 15 2004

Report stage: June 28 2004

Bill as amended in the report (HL Bill 93)

Third reading: July 6 2004 (part 1)
                    July 6 2004 (part 2)

House of Commons:

Consideration of Lords amendments: July 12 2004

House of Lords:

Consideration of Commons amendments: July 14 2004

House of Commons:

Consideration of Lords amendments: July 20 2004

Royal assent on July 22 2004

Asylum and Immigration (Treatment of Claimants) Act 2004

Published: Wed, 26 Nov 2003 01:00:00 GMT+00