Part 4Detention and Removal
Removal
C177 No removal while claim for asylum pending
1
While a person’s claim for asylum is pending he may not be—
a
removed from the United Kingdom in accordance with a provision of the Immigration Acts, or
b
required to leave the United Kingdom in accordance with a provision of the Immigration Acts.
2
In this section—
a
“claim for asylum” means a claim by a person that it would be contrary to the United Kingdom’s obligations under the Refugee Convention to remove him from or require him to leave the United Kingdom, and
b
a person’s claim is pending until he is given notice of the Secretary of State’s decision on it.
F12A
This section does not prevent a person being removed to, or being required to leave to go to, a State falling within subsection (2B).
2B
A State falls within this subsection if—
a
it is a place where a person’s life and liberty are not threatened by reason of the person’s race, religion, nationality, membership of a particular social group or political opinion,
b
it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,
c
it is a place—
i
to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and
ii
from which a person will not be sent to another State in contravention of the person’s Convention rights, and
d
the person is not a national or citizen of the State.
2C
For the purposes of this section—
a
any State to which Part 2 or 3 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 for the time being applies—
i
is to be presumed to be a State falling within subsection (2B)(a) and (b), and
ii
is, unless the contrary is shown by a person to be the case in their particular circumstances, to be presumed to be a State falling within subsection (2B)(c)(i) and (ii);
b
any State to which Part 4 of that Schedule for the time being applies is to be presumed to be a State falling within subsection (2B)(a) and (b);
c
a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it;
d
“State” includes any territory outside of the United Kingdom.
3
In F2this section, “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 (whether or not in relation to a State that is a party to the Convention); and “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
4
Nothing in this section shall prevent any of the following while a claim for asylum is pending—
a
the giving of a direction for the claimant’s removal from the United Kingdom,
b
the making of a deportation order in respect of the claimant, or
c
the taking of any other interim or preparatory action.
5
Section 15 of the Immigration and Asylum Act 1999 (c. 33) (protection from removal or deportation) shall cease to have effect.