The Asylum (Designated States) Order 2005

Draft Order laid before Parliament under section 112(4)(b) of the Nationality, Immigration and Asylum Act 2002, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2005 No.

IMMIGRATION

The Asylum (Designated States) Order 2005

Made

Coming into force

Whereas a draft of this Order has been laid before and approved by resolution of each House of Parliament;

And whereas the Secretary of State is satisfied that there is in general in the State to be added by article 2 of this Order no serious risk of persecution of persons entitled to reside in that State and that removal to that State of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention;

Now, therefore, in exercise of the powers conferred on him by section 94(5) of the Nationality, Immigration and Asylum Act 2002(1), the Secretary of State hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Asylum (Designated States) Order 2005 and shall come into force on the day after it is made, but shall not apply in relation to an asylum or human rights claim made prior to the commencement of this Order.

Designated States

2.  The State listed below shall be added to the list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002(2):

“(y) India.”.

Minister of State

Home Office

2005

EXPLANATORY NOTE

(This note is not part of the Order)

Section 94 (Appeal from within United Kingdom: unfounded human rights or asylum claim) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) concerns appeal rights for unfounded human rights or asylum claims.

Under section 94(2) of the 2002 Act, a person may not bring an appeal under section 82(1) of the 2002 Act while in the United Kingdom where he has made an asylum claim or a human rights (or both) if the Secretary of State certifies that the claim or claims is or are clearly unfounded. The Secretary of State shall issue a certificate under section 94(2) of the 2002 Act if he is satisfied that the asylum claimant or human rights claimant is entitled to reside in a State listed in section 94(4) of the 2002 Act unless he is satisfied that the claim is not clearly unfounded.

This Order adds India to the list of States in section 94(4) of the 2002 Act.

(1)

2002 c.41.

(2)

Section 94(4) was amended by the Asylum (Designated States) Order 2003 (S.I. 2003/970), the Asylum (Designated States) (No.2) Order 2003 (S.I. 2003/1919) and section 27(4) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (2004 c.19).