Nationality, Immigration and Asylum Act 2002

[F1 80A [F2 Asylum claims by EU nationals][F2 Claims by nationals of listed safe States] U.K.

(1) The Secretary of State must declare an asylum claim [F3 or a human rights claim] made by a person who is a national of a [F4 member State] [F4 State listed in section 80AA(1)] inadmissible.

(2) [F5 An asylum] [F5 A] claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

(3) A declaration under subsection (1) that [F6 an asylum] [F6 a] claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) [F7 or (b)] (appeal against refusal of protection claim [F8 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 [F9 where the member State of which the claimant is a national]—

(a) [F10 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) [F11 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 [F12 and section 80AA]—

• “asylum claim”, [F13 “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;

• [F14 “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

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. 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)

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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)

F11 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)

F12 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)

F13 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)

F14 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)