Statutory Instruments
2004 No. 474
IMMIGRATION
The Immigration (Provision of Physical Data) (Amendment) Regulations 2004
Made
25th February 2004
Coming into force
27th February 2004
Whereas a draft of these Regulations has been laid before and approved by resolution of each House of Parliament;
Now, therefore, in exercise of the powers conferred on him by section 126(1) of the Nationality, Immigration and Asylum Act 2002( 1 ), the Secretary of State hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Immigration (Provision of Physical Data) (Amendment) Regulations 2004 and shall come into force on 27th February 2004.
Amendment of the Immigration (Provision of Physical Data) Regulations 2003
2. The Immigration (Provision of Physical Data) Regulations 2003( 2 ) shall be amended as follows.
3. In regulation 2:
(a) for the definition of “application”, there shall be substituted:
“ “application” means:
an application for entry clearance made at a British Diplomatic mission or a British Consular post listed in the Schedule to these Regulations; or
an application for leave to enter the United Kingdom where the person seeking leave to enter presents a convention travel document endorsed with an entry clearance; ” ; and
(b) after the definition of “applicant”, there shall be inserted:
“ “convention travel document” means a travel document issued pursuant to Article 28 of the Refugee Convention, except where that travel document was issued by the United Kingdom Government; and
“Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol ( 3 ) ” .
4. For regulation 5, there shall be substituted:
“ 5. —(1) Subject to paragraphs (2) and (3), where an application is not accompanied by a record of the applicant’s fingerprints it may be treated as invalid.
(2) An application shall not be treated as invalid under paragraph (1) if it is for leave to enter the United Kingdom where the person seeking leave to enter presents a convention travel document endorsed with an entry clearance.
(3) Where an application is of a type described in paragraph (2) and is not accompanied by a record of the applicant’s fingerprints it may be refused. ” .
5. In the Schedule to the Regulations:
(a) before “Sri Lanka”, there shall be inserted “Djibouti”, “Eritrea” and “Ethiopia”; and
(b) after “Sri Lanka”, there shall be inserted “Tanzania” and “Uganda”.
Beverley Hughes
Minister of State
Home Office
25th February 2004