Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Part 2 U.K. First List of Safe Countries (Refugee Convention and Human Rights (1))

2 U.K. This Part applies to—

(a) Austria,

(b) Belgium,

(c) Republic of Cyprus,

(d) Czech Republic,

(e) Denmark,

(f) Estonia,

(g) Finland,

(h) France,

(i) Germany,

(j) Greece,

(k) Hungary,

(l) Iceland,

(m) Ireland,

(n) Italy,

(o) Latvia,

(p) Lithuania,

(q) Luxembourg,

(r) Malta,

(s) Netherlands,

(t) Norway,

(u) Poland,

(v) Portugal,

(w) Slovak Republic,

(x) Slovenia,

(y) Spain, and

(z) Sweden.

Commencement Information

I1 Sch. 3 para. 2 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

3 (1) This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim or a human rights claim may be removed— U.K.

(a) from the United Kingdom, and

(b) to a State of which he is not a national or citizen.

(2) A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—

(a) where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion,

(b) from which a person will not be sent to another State in contravention of his Convention rights, and

(c) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

Commencement Information

I2 Sch. 3 para. 3 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

4 U.K. Section 77 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed—

(a) from the United Kingdom, and

(b) to a State to which this Part applies;

provided that the Secretary of State certifies that in his opinion the person is not a national or citizen of the State.

Commencement Information

I3 Sch. 3 para. 4 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

5 (1) This paragraph applies where the Secretary of State certifies that— U.K.

(a) it is proposed to remove a person to a State to which this Part applies, and

(b) in the Secretary of State’s opinion the person is not a national or citizen of the State.

(2) The person may not bring an immigration appeal by virtue of section 92(2) or (3) of that Act (appeal from within United Kingdom: general).

(3) The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act (appeal from within United Kingdom: asylum or human rights) in reliance on—

(a) an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention, or

(b) a human rights claim in so far as it asserts that to remove the person to a specified State to which this Part applies would be unlawful under section 6 of the Human Rights Act 1998 because of the possibility of removal from that State to another State.

(4) The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act in reliance on a human rights claim to which this sub-paragraph applies if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim to which this sub-paragraph applies unless satisfied that the claim is not clearly unfounded.

(5) Sub-paragraph (4) applies to a human rights claim if, or in so far as, it asserts a matter other than that specified in sub-paragraph (3)(b).

Commencement Information

I4 Sch. 3 para. 5 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

6 U.K. A person who is outside the United Kingdom may not bring an immigration appeal on any ground that is inconsistent with treating a State to which this Part applies as a place—

(a) where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion,

(b) from which a person will not be sent to another State in contravention of his Convention rights, and

(c) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

Commencement Information

I5 Sch. 3 para. 6 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.