- Latest available (Revised)
- Original (As enacted)
Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes over time for: Paragraph 5
Alternative versions:
Changes to legislation:
Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004, Paragraph 5 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 8(1A)(1B) inserted by 2022 c. 36 s. 19(2)
- s. 8(3A)(3B) inserted by 2022 c. 36 s. 19(3)
- s. 8(6A)(6B) inserted by 2022 c. 36 s. 19(4)
- s. 8(9A)(a) word inserted by 2022 c. 36 Sch. 3 para. 7(b)
- s. 8(9A)(b) and word inserted by 2022 c. 36 Sch. 3 para. 7(c)
- s. 8(9B) inserted by 2022 c. 36 s. 19(6)
- Sch. 3 para. 3(3) inserted by 2023 c. 37 s. 10(9)(a)
- Sch. 3 para. 8(3) inserted by 2023 c. 37 s. 10(9)(b)
- Sch. 3 para. 13(3) inserted by 2023 c. 37 s. 10(9)(c)
This section has no associated Explanatory Notes
5(1)This paragraph applies where the Secretary of State certifies that—U.K.
(a)it is proposed to remove a person to a State to which this Part applies, and
(b)in the Secretary of State’s opinion the person is not a national or citizen of the State.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The person may not bring an immigration appeal F2... in reliance on—
(a)an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention, F3...
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The person may not bring an immigration appeal F4... in reliance on a human rights claim F5... if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim F5... unless satisfied that the claim is not clearly unfounded.
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 para. 5(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(3)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F2Words in Sch. 3 para. 5(3) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 11
F3Sch. 3 para. 5(3)(b) and word omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 6(a) (with Sch. 4 para. 19(1))
F4Words in Sch. 3 para. 5(4) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 11 (with Sch. 4 para. 19(2)(a))
F5Words in Sch. 3 para. 5(4) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 6(b) (with Sch. 4 para. 19(1))
F6Sch. 3 para. 5(5) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 6(c) (with Sch. 4 para. 19(1))
Commencement Information
I1Sch. 3 para. 5 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Schedule
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.