Part 4Detention and Removal
Removal
77No removal while claim for asylum pending
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.