Travel Document Project

The Asylum & Immigration (Treatment of Claimants etc.) Act 2004 introduced criminal penalties for individuals who fail to cooperate with attempts to obtain travel documents to facilitate their removal from the UK.

The number of criminal convictions obtained under this legislation appears to be small.  The response by UKBA to an FOI request submitted by the Northern Refugee Centre, dated 3rd July 2010, stated:

"The last complete period for which we have information is April 2009 to March 2010.  In that period 6 persons were charged with an offence under Section 35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 204.  The nationalities of these persons is as follows: 1 Chinese, 1 Ghanaian, 2 Libyan, 1 Nigerian and 1 Senegalese....All of the charges ... resulted in convictions and custodial sentences were imposed in each case"

It should be noted that in the context of criminal charges laid against an individual for non-co-operation, interview records (e.g. of the ‘first documentation interview') carried out by reporting centre staff or staff from the CCD Prison Operation and Removal Team once an IS35 letter has been issued requesting action to enable a travel document to be obtained, may become an exhibit in a criminal prosecution.