Introductory text

Draft Order laid before Parliament under paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, for approval by resolution of each House of Parliament.

Immigration

Made 2010

Coming into force 2010

Section 19(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004^f1 has been declared ^f2 under section 4 of the Human Rights Act 1998^f3 to be incompatible with a Convention right ^f4.

The time for bringing an appeal has expired and no appeal has been brought within that time.

The Secretary of State considers that there are compelling reasons for proceeding by way of remedial order ^f5 to make such amendments to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 as she considers necessary to remove the incompatibility.

In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of Schedule 2 to that Act.

Accordingly, the Secretary of State makes the following Order in the exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a), (2) and (3) of Schedule 2 to, the Human Rights Act 1998:

Annotations

Footnotes

f1: 2004 c.19.
f2: By the Administrative Court in the case of The Queen on the application of Baiai and others v Secretary of State for the Home Department [2006] EWHC 823 QB (Admin).
f3: 1998 c.42.
f4: See section 1(1) of the Human Rights Act 1998 for the definition of “Convention rights” and section 21(1) of that Act for the definition of “Convention”.
f5: See section 21(1) of the Human Rights Act 1998 for the definition of “remedial order”.