F1PART 4AInadmissible asylum F3and Human Rights claims

Annotations:
Amendments (Textual)
F3

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.