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Nationality and Borders Act 2022
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- UK Public General Acts
- 2022 c. 36
- SCHEDULE 4
- Paragraph 5
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Nationality and Borders Act 2022, Paragraph 5 is up to date with all changes known to be in force on or before 06 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.
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Changes and effects yet to be applied to Schedule 4 Paragraph 5:
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
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. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
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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