Immigration and Asylum Act 1999

Yn ddilys o 02/10/2000

11 Removal of asylum claimants under standing arrangements with member States. U.K.

(1) In determining whether a person in relation to whom a certificate has been issued under subsection (2) may be removed from the United Kingdom, a member State is to be regarded as—

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

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

(2) Nothing in section 15 prevents a person who has made a claim for asylum (“the claimant”) from being removed from the United Kingdom to a member State if—

(a) the Secretary of State has certified that—

(i) the member State has accepted that, under standing arrangements, it is the responsible State in relation to the claimant’s claim for asylum; and

(ii) in his opinion, the claimant is not a national or citizen of the member State to which he is to be sent;

(b) the certificate has not been set aside on an appeal under section 65.

(3) Unless a certificate has been issued under section 72(2)(a) in relation to a person, he is not to be removed from the United Kingdom—

(a) if he has an appeal under section 65 against the decision to remove him in accordance with this section pending; or

(b) before the time for giving notice of such an appeal has expired.

(4) “Standing arrangements” means arrangements in force as between member States for determining which state is responsible for considering applications for asylum.