Nationality, Immigration and Asylum Act 2002

80 Removal of asylum-seeker to third country

The following shall be substituted for section 11 of the Immigration and Asylum Act 1999 (c. 33) (removal of asylum claimant under standing arrangements with member States)—

“11 Removal of asylum claimant under standing arrangement with member States

(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 77 of the Nationality, Immigration and Asylum Act 2002 prevents a person who has made a claim for asylum (“the claimant”) from being removed from the United Kingdom to a member State if the Secretary of State has certified that—

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

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

(3) Subsection (4) applies where a person who is the subject of a certificate under subsection (2)—

(a) has instituted or could institute an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (immigration appeal), and

(b) has made a human rights claim (within the meaning of section 113 of that Act).

(4) The person may not be removed from the United Kingdom in reliance upon this section unless—

(a) the appeal is finally determined, withdrawn or abandoned (within the meaning of section 104 of that Act) or can no longer be brought (ignoring any possibility of an appeal out of time with permission), or

(b) the Secretary of State has issued a certificate in relation to the human rights claim under section 93(2)(b) of that Act (clearly unfounded claim).

(5) In this section “standing arrangements” means arrangements in force between two or more member States for determining which State is responsible for considering applications for asylum.”