Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004, Paragraph 5 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
5(1)This paragraph applies where the Secretary of State certifies that—U.K.
(a)it is proposed to remove a person to a State to which this Part applies, and
(b)in the Secretary of State’s opinion the person is not a national or citizen of the State.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The person may not bring an immigration appeal F2... in reliance on—
(a)an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention, F3...
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The person may not bring an immigration appeal F4... in reliance on a human rights claim F5... if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim F5... unless satisfied that the claim is not clearly unfounded.
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 para. 5(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(3)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F2Words in Sch. 3 para. 5(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 11
F3Sch. 3 para. 5(3)(b) and word omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 6(a) (with Sch. 4 para. 19(1))
F4Words in Sch. 3 para. 5(4) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 11 (with Sch. 4 para. 19(2)(a))
F5Words in Sch. 3 para. 5(4) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 6(b) (with Sch. 4 para. 19(1))
F6Sch. 3 para. 5(5) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 6(c) (with Sch. 4 para. 19(1))
Commencement Information
I1Sch. 3 para. 5 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
