Travel Document Project

Available via the CPS website 

Section 35(3) Asylum and Immigration (Treatment of Claimants etc) Act 2004: Non Cooperation with a Request for Information:

Section 35 creates an offence of failing to comply, without reasonable excuse, with actions that the Secretary of State may require someone to take so as to enable a travel document which will facilitate the person's deportation or removal from the United Kingdom to be obtained by that person or on his behalf.  The offence came into force on 22 September 2004.

This provision was intended to prevent people, who have exhausted all avenues of appeal following a failed asylum claim, to avoid deportation by refusing to sign the necessary documentation that is required before that person can leave the UK.

Under section 35(1), the Secretary of State may require a person to take a specified action if the Secretary of State thinks that:

(a) the action will or may enable a travel document to be obtained by or for the person; and

(b) possession of the travel document will facilitate the person's deportation or removal from the United Kingdom.

Section 35(2) defines the specified action required, namely to:

• provide information or documents to the Secretary of State or to any other person;

• obtain information or documents;

• provide fingerprints, submit to the taking of a photograph or provide information, or submit to a process for the recording of information, about external physical characteristics (including, in particular, features of the iris or any other part of the eye);

• make, or consent to or co-operate with the making of, an application to a person acting for the government of a State other than the United Kingdom;

• co-operate with a process designed to enable determination of an application;

• complete a form accurately and completely;

• attend an interview and answer questions accurately and completely; and

• make an appointment.

Under section 35(3), a person commits an offence if he fails without reasonable excuse to comply with a requirement of the Secretary of State under section 35(1).

 

Section 2 Asylum and Immigration (Treatment of Claimants etc) Act 2004: Not Having a Travel Document at a Leave or Asylum Interview

This offence came into force on 22 September 2004.   Section 2 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (the 2004 Act) creates an offence of a person not having an immigration document for himself or any dependant children, at a leave or asylum interview on entering the United Kingdom. The offence is intended to discourage persons from destroying or disposing of their immigration documents en route to the United Kingdom, particularly where doing so in order to conceal their identity, age or nationality in an attempt to increase the chances of success of a claim or application or to make consideration of their claim or application more difficult and/or to thwart removal.

 

Section 2(1) of the Act states:

"A person commits an offence if at a leave or asylum interview he does not have with him an immigration document which 
(a) is in force, and
(b) satisfactorily establishes his identity and nationality or citizenship"

 

An "immigration document" is defined by section 2(12) of the Act as a passport, or a document which relates to a national of a State other than the United Kingdom and which is designed to serve the same purpose as a passport.

 

A "leave or asylum interview" as defined by section 2(12) of the Act an interview with an immigration officer or an official of the Secretary of State at which a person:

 

(a) seeks leave to enter or remain in the United Kingdom, or

(b) claims that to remove him from or require him to leave the United Kingdom would breach the United Kingdoms obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 (c.42) as being incompatible with his Convention rights.

 

It is not the intention of the offence to penalise those who never had an immigration document during the course of their journey to the United Kingdom, or those who use a false immigration document (e.g. a false passport) to travel to the United Kingdom and who produce that document on arrival.

 

No offences are committed where:

·         the interview takes place after the person has entered the United Kingdom (in-country applications), and

·         within the period of three days beginning with the date of the interview the person provides to an immigration officer or to the Secretary of State a document of the kind referred to in that subsection.