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Nationality, Immigration and Asylum Act 2002, Section 94A is up to date with all changes known to be in force on or before 11 September 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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(1)The Secretary of State shall by order prescribe a list of States to be known as the “European Common List of Safe Countries of Origin”.
(2)Subsections (3) and (4) apply where a person makes [F2a protection claim] or a human rights claim (or both) and that person is –
(a)a national of a State which is listed in the European Common List of Safe Countries of Origin, or
(b)a Stateless person who was formerly habitually resident in such a State.
(3)The Secretary of State shall consider the claim or claims mentioned in subsection (2) to be unfounded unless satisfied that there are serious grounds for considering that the State in question is not safe in the particular circumstances of the person mentioned in that subsection.
(4)The Secretary of State shall also certify the claim or claims mentioned in subsection (2) under section [F394(1)] unless satisfied that the claim or claims is or are not clearly unfounded.
(5)An order under subsection (1) –
(a)may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom's obligations under [F4EU] law,
(b)may include transitional, consequential or incidental provision,
(c)shall be made by statutory instrument, and
(d)shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1S. 94A inserted (1.12.2007) by The Asylum (Procedures) Regulations 2007 (S.I. 2007/3187), reg. 4
F2Words in s. 94A(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 39(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))
F3Word in s. 94A(4) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 39(b); 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))
F4Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
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