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Nationality and Borders Act 2022

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Changes over time for: Paragraph 5

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Changes to legislation:

Nationality and Borders Act 2022, Paragraph 5 is up to date with all changes known to be in force on or before 09 March 2025. 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. Help about Changes to Legislation

Rebuttable presumption of safety of specified countries in relation to Convention rightsU.K.

This section has no associated Explanatory Notes

5(1)Paragraph 3 (presumptions of safety) is amended as follows.

(2)In sub-paragraph (1), in the opening words, after “human rights claim” insert “(the “claimant”)”.

(3)After sub-paragraph (1) insert—

(1A)Unless the contrary is shown by the claimant to be the case in their particular circumstances, a State to which this Part applies is to be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—

(a)to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and

(b)from which a person will not be sent to another State in contravention of their Convention rights.

(4)In sub-paragraph (2), omit paragraph (b) (but not the final “and”).

Commencement Information

I1Sch. 4 para. 5 in force at 28.6.2022, see s. 87(5)(b)

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