Immigration and Asylum Act 1999

Convention cases U.K.

9 (1) This paragraph applies to an appeal under Part IV of this Act by a person who claims that it would be contrary to the Convention for him to be removed from, or to be required to leave, the United Kingdom, if the Secretary of State has certified that, in his opinion, that claim is one to which—

(a) sub-paragraph (3), (4), (5) or (6) applies; and

(b) sub-paragraph (7) does not apply.

(2) If, on an appeal to which this paragraph applies, the adjudicator agrees that the claim is one to which this paragraph applies, paragraph 22 does not confer on the appellant any right to appeal to the Immigration Appeal Tribunal.

(3) This sub-paragraph applies to a claim if, on his arrival in the United Kingdom, the appellant was required by an immigration officer to produce a valid passport and—

(a) he failed to do so, without giving a reasonable explanation for his failure; or

(b) he produced an invalid passport and failed to inform the officer that it was not valid.

(4) This sub-paragraph applies to a claim under the Refugee Convention if—

(a) it does not show a fear of persecution by reason of the appellant’s race, religion, nationality, membership of a particular social group, or political opinion; or

(b) it shows a fear of such persecution, but the fear is manifestly unfounded or the circumstances which gave rise to the fear no longer subsist.

(5) This sub-paragraph applies to a claim under the Human Rights Convention if—

(a) it does not disclose a right under the Convention; or

(b) it does disclose a right under the Convention, but the claim is manifestly unfounded.

(6) This sub-paragraph applies to a claim if—

(a) it is made at any time after the appellant—

(i) has been refused leave to enter the United Kingdom under the 1971 Act;

(ii) has been recommended for deportation by a court empowered by that Act to do so;

(iii) has been notified of the Secretary of State’s decision to make a deportation order against him under section 5(1) of the 1971 Act as a result of his liability to deportation; or

(iv) has been notified of his liability to removal under paragraph 9 of Schedule 2 to that Act;

(b) it is manifestly fraudulent, or any of the evidence adduced in its support is manifestly false; or

(c) it is frivolous or vexatious.

(7) This sub-paragraph applies to a claim if the evidence adduced in its support establishes a reasonable likelihood that the appellant has been tortured in the country to which he is to be sent.

(8) “Contrary to the Convention” means contrary to the United Kingdom’s obligations under the Refugee Convention or the Human Rights Convention.

Commencement Information

I1 Sch. 4 paras. 6-9 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)