F1PART 4AInadmissible asylum F3and Human Rights claims
Words in Pt. 4A heading inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(4), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)
80AAF2Safe States for the purposes of section 80A
1
The States are—
a
Albania,
b
Austria,
c
Belgium,
d
Bulgaria,
e
Republic of Croatia,
f
Republic of Cyprus,
g
Czech Republic,
h
Denmark,
i
Estonia,
j
Finland,
k
France,
F4ka
Georgia,
l
Germany,
m
Greece,
n
Hungary,
o
Iceland,
F5oa
India,
p
Republic of Ireland,
q
Italy,
r
Latvia,
s
Principality of Liechtenstein,
t
Lithuania,
u
Luxembourg,
v
Malta,
w
Netherlands,
x
Norway,
y
Poland,
z
Portugal,
z1
Romania,
z2
Slovak Republic,
z3
Slovenia,
z4
Spain,
z5
Sweden,
z6
Switzerland.
2
The Secretary of State may by regulations amend the list in subsection (1) so as to add or remove a State.
3
The Secretary of State may add a State to the list only if satisfied that—
a
there is in general in that State no serious risk of persecution of nationals of that State, and
b
removal to that State of nationals of that State will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.
4
In deciding whether the statements in subsection (3)(a) and (b) are true of a State, the Secretary of State—
a
must have regard to all the circumstances of the State (including its laws and how they are applied), and
b
must have regard to information from any appropriate source (including member States and international organisations).
5
Regulations under this section—
a
must be made by statutory instrument;
b
may include transitional or saving provision.
6
A statutory instrument containing—
a
regulations which add a State to the list in subsection (1), or
b
regulations which both add a State to, and remove a State from, that list,
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
7
A statutory instrument containing regulations under this section, other than one to which subsection (6) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. 4A inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 15(1), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 14 (with Sch. 2 para. 4(3))