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Nationality, Immigration and Asylum Act 2002
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- UK Public General Acts
- 2002 c. 41
- Part 4
- Removal
- Section 77
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Changes over time for: Section 77
Version Superseded: 28/06/2022
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- 01/04/2003- Amendment
- 01/04/2005
Point in time - 28/06/2022- Amendment
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Nationality, Immigration and Asylum Act 2002, Section 77 is up to date with all changes known to be in force on or before 09 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.
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77 No removal while claim for asylum pendingU.K.
This section has no associated Explanatory Notes
(1)While a person’s claim for asylum is pending he may not be—
(a)removed from the United Kingdom in accordance with a provision of the Immigration Acts, or
(b)required to leave the United Kingdom in accordance with a provision of the Immigration Acts.
(2)In this section—
(a)“claim for asylum” means a claim by a person that it would be contrary to the United Kingdom’s obligations under the Refugee Convention to remove him from or require him to leave the United Kingdom, and
(b)a person’s claim is pending until he is given notice of the Secretary of State’s decision on it.
(3)In subsection (2) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
(4)Nothing in this section shall prevent any of the following while a claim for asylum is pending—
(a)the giving of a direction for the claimant’s removal from the United Kingdom,
(b)the making of a deportation order in respect of the claimant, or
(c)the taking of any other interim or preparatory action.
(5)Section 15 of the Immigration and Asylum Act 1999 (c. 33) (protection from removal or deportation) shall cease to have effect.
Modifications etc. (not altering text)
C1S. 77 excluded by 1999 c. 33, s. 11(2) (as substituted (1.4.2003) by 2002 c. 41, ss. 80, 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with Sch. 2 paras. 5, 6(3))
S. 77 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(2) (with arts. 3, 4, Sch. 2 (as amended by: S.I. 2003/1040; S.I. 2003/1339; and S.I. 2003/2993))
S. 77 restricted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 33, 48(1)-(3), Sch. 3 paras. 4, 9, 14, 18; S.I. 2004/2523, art. 2, Sch. (with art. 3)
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