Nationality, Immigration and Asylum Act 2002

[F1 PART 4A U.K. Inadmissible asylum [F2 and Human Rights] claims

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 Words in Pt. 4A heading inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(4), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

80A [F3 Asylum claims by EU nationals][F3 Claims by nationals of listed safe States] U.K.

(1) The Secretary of State must declare an asylum claim [F4 or a human rights claim] made by a person who is a national of a [F5 member State] [F5 State listed in section 80AA(1)] inadmissible.

(2) [F6 An asylum] [F6 A] claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

(3) A declaration under subsection (1) that [F7 an asylum] [F7 a] claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) [F8 or (b)] (appeal against refusal of protection claim [F9 or human rights claim]) arises.

(4) Subsection (1) does not apply if there are exceptional circumstances as a result of which the Secretary of State considers that the claim ought to be considered.

(5) For the purposes of subsection (4) exceptional circumstances include [F10 where the member State of which the claimant is a national]—

(a) [F11 in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State] is derogating from any of its obligations under the Human Rights Convention, in accordance with Article 15 of the Convention;

(b) [F12 in a case where the claimant is a national of a member State, where that State] is the subject of a proposal initiated in accordance with the procedure referred to in Article 7(1) of the Treaty on European Union and—

(i) the proposal has yet to be determined by the Council of the European Union or (as the case may be) the European Council,

(ii) the Council of the European Union has determined, in accordance with Article 7(1), that there is a clear risk of a serious breach by the member State of the values referred to in Article 2 of the Treaty, or

(iii) the European Council has determined, in accordance with Article 7(2), the existence of a serious and persistent breach by the member State of the values referred to in Article 2 of the Treaty.

(6) In this section [F13 and section 80AA]—

• “asylum claim”, [F14 “human rights claim”,] “the Human Rights Convention” and “the Refugee Convention” have the meanings given by section 113;

• “immigration rules” means rules under section 3(2) of the Immigration Act 1971;

• [F15 “national” includes citizen;]

• “the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 as it had effect immediately before IP completion day.

Textual Amendments

F3 S. 80A heading substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(f), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F4 Words in s. 80A(1) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(a)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F5 Words in s. 80A(1) substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(a)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F6 Word in s. 80A(2) substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(b), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F7 Word in s. 80A(3) substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(c)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F8 Words in s. 80A(3) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(c)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F9 Words in s. 80A(3) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(c)(iii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F10 Words in s. 80A(5) omitted (28.9.2023 for specified purposes) by virtue of Illegal Migration Act 2023 (c. 37), ss. 59(2)(d)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F11 Words in s. 80A(5)(a) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(d)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F12 Words in s. 80A(5)(b) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(d)(iii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F13 Words in s. 80A(6) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(e)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F14 Words in s. 80A(6) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(e)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

F15 Words in s. 80A(6) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(e)(iii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[F16 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,

[F17 (ka) Georgia,]

(l) Germany,

(m) Greece,

(n) Hungary,

(o) Iceland,

[F18 (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

F16 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)

F17 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)

F18 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)

[F19 80B Asylum claims by persons with connection to safe third State U.K.

(1) The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.

(2) Subject to subsection (7), an asylum claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

(3) A declaration under subsection (1) that an asylum claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) (appeal against refusal of protection claim) arises.

(4) For the purposes of this section, a State is a “safe third State” in relation to a claimant if—

(a) the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion,

(b) the State is one from which a person will not be sent to another State—

(i) otherwise than in accordance with the Refugee Convention, or

(ii) in contravention of their rights under Article 3 of the Human Rights Convention (freedom from torture or inhuman or degrading treatment), and

(c) a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.

(5) For the purposes of this section, a claimant has “a connection” to a safe third State if they meet any of conditions 1 to 5 set out in section 80C in relation to the State.

(6) The fact that an asylum claim has been declared inadmissible under subsection (1) by virtue of the claimant’s connection to a particular safe third State does not prevent the Secretary of State from removing the claimant to any other safe third State.

(7) An asylum claim that has been declared inadmissible under subsection (1) may nevertheless be considered under the immigration rules—

(a) if the Secretary of State determines that there are exceptional circumstances in the particular case that mean the claim should be considered, or

(b) in such other cases as may be provided for in the immigration rules.

(8) In this section and section 80C—

(a) “asylum claim”, “Human Rights Convention”, “immigration rules” and “the Refugee Convention” have the same meanings as in section 80A;

(b) a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it.

Textual Amendments

F19 Ss. 80B, 80C inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 16, 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 15 (with Sch. 2 para. 4(3))

80C Meaning of “connection” to a safe third State U.K.

(1) Condition 1 is that the claimant—

(a) has been recognised as a refugee in the safe third State, and

(b) remains able to access protection in accordance with the Refugee Convention in that State.

(2) Condition 2 is that the claimant—

(a) has otherwise been granted protection in a safe third State as a result of which the claimant would not be sent from the safe third State to another State—

(i) otherwise than in accordance with the Refugee Convention, or

(ii) in contravention of their rights under Article 3 of the Human Rights Convention, and

(b) remains able to access that protection in that State.

(3) Condition 3 is that the claimant has made a relevant claim to the safe third State and the claim—

(a) has not yet been determined, or

(b) has been refused.

(4) Condition 4 is that—

(a) the claimant was previously present in, and eligible to make a relevant claim to, the safe third State,

(b) it would have been reasonable to expect them to make such a claim, and

(c) they failed to do so.

(5) Condition 5 is that, in the claimant’s particular circumstances, it would have been reasonable to expect them to have made a relevant claim to the safe third State (instead of making a claim in the United Kingdom).

(6) For the purposes of this section, a “relevant claim” to a safe third State is a claim—

(a) to be recognised as a refugee in the State for the purposes of the Refugee Convention, or

(b) for protection in the State of the kind mentioned in subsection (2)(a).

(7) For the purposes of this section “claimant” and “safe third State” have the same meanings as in section 80B; and see subsection (8) of that section.]]

Textual Amendments

F19 Ss. 80B, 80C inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 16, 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 15 (with Sch. 2 para. 4(3))