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); andthe 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.