Nationality, Immigration and Asylum Act 2002

[F1 [F2 80AA Safe States for the purposes of section 80A U.K.

(1) The States are—

(a) Albania,

(b) Austria,

(c) Belgium,

(d) Bulgaria,

(e) Republic of Croatia,

(f) Republic of Cyprus,

(g) Czech Republic,

(h) Denmark,

(i) Estonia,

(j) Finland,

(k) France,

[F3 (ka) Georgia,]

(l) Germany,

(m) Greece,

(n) Hungary,

(o) Iceland,

[F4 (oa) India,]

(p) Republic of Ireland,

(q) Italy,

(r) Latvia,

(s) Principality of Liechtenstein,

(t) Lithuania,

(u) Luxembourg,

(v) Malta,

(w) Netherlands,

(x) Norway,

(y) Poland,

(z) Portugal,

(z1) Romania,

(z2) Slovak Republic,

(z3) Slovenia,

(z4) Spain,

(z5) Sweden,

(z6) Switzerland.

(2) The Secretary of State may by regulations amend the list in subsection (1) so as to add or remove a State.

(3) The Secretary of State may add a State to the list only if satisfied that—

(a) there is in general in that State no serious risk of persecution of nationals of that State, and

(b) removal to that State of nationals of that State will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

(4) In deciding whether the statements in subsection (3)(a) and (b) are true of a State, the Secretary of State—

(a) must have regard to all the circumstances of the State (including its laws and how they are applied), and

(b) must have regard to information from any appropriate source (including member States and international organisations).

(5) Regulations under this section—

(a) must be made by statutory instrument;

(b) may include transitional or saving provision.

(6) A statutory instrument containing—

(a) regulations which add a State to the list in subsection (1), or

(b) regulations which both add a State to, and remove a State from, that list,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7) A statutory instrument containing regulations under this section, other than one to which subsection (6) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.]]

Textual Amendments

F1 Pt. 4A inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 15(1), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 14 (with Sch. 2 para. 4(3))

F2 S. 80AA inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(3), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F3 S. 80AA(1)(ka) inserted (17.4.2024) by The Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024 (S.I. 2024/523), regs. 1(2), 2(a)

F4 S. 80AA(1)(oa) inserted (17.4.2024) by The Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024 (S.I. 2024/523), regs. 1(2), 2(b)