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)
80CF2Meaning of “connection” to a safe third State
1
Condition 1 is that the claimant—
a
has been recognised as a refugee in the safe third State, and
b
remains able to access protection in accordance with the Refugee Convention in that State.
2
Condition 2 is that the claimant—
a
has otherwise been granted protection in a safe third State as a result of which the claimant would not be sent from the safe third State to another State—
i
otherwise than in accordance with the Refugee Convention, or
ii
in contravention of their rights under Article 3 of the Human Rights Convention, and
b
remains able to access that protection in that State.
3
Condition 3 is that the claimant has made a relevant claim to the safe third State and the claim—
a
has not yet been determined, or
b
has been refused.
4
Condition 4 is that—
a
the claimant was previously present in, and eligible to make a relevant claim to, the safe third State,
b
it would have been reasonable to expect them to make such a claim, and
c
they failed to do so.
5
Condition 5 is that, in the claimant’s particular circumstances, it would have been reasonable to expect them to have made a relevant claim to the safe third State (instead of making a claim in the United Kingdom).
6
For the purposes of this section, a “relevant claim” to a safe third State is a claim—
a
to be recognised as a refugee in the State for the purposes of the Refugee Convention, or
b
for protection in the State of the kind mentioned in subsection (2)(a).
7
For the purposes of this section “claimant” and “safe third State” have the same meanings as in section 80B; and see subsection (8) of that section.
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))