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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
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- UK Public General Acts
- 2004 c. 19
- SCHEDULE 3
- Part 2
- Paragraph 5
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Version Superseded: 28/06/2022
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- 01/10/2004- Amendment
- 20/10/2014- Amendment
- 16/12/2014
Point in time - 28/06/2022- Amendment
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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, Paragraph 5 is up to date with all changes known to be in force on or before 10 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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This section has no associated Explanatory Notes
5(1)This paragraph applies where the Secretary of State certifies that—U.K.
(a)it is proposed to remove a person to a State to which this Part applies, and
(b)in the Secretary of State’s opinion the person is not a national or citizen of the State.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The person may not bring an immigration appeal[F2from within the United Kingdom ] in reliance on—
(a)an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention, or
(b)a human rights claim in so far as it asserts that to remove the person to a specified State to which this Part applies would be unlawful under section 6 of the Human Rights Act 1998 because of the possibility of removal from that State to another State.
(4)The person may not bring an immigration appeal [F3from within the United Kingdom]in reliance on a human rights claim to which this sub-paragraph applies if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim to which this sub-paragraph applies unless satisfied that the claim is not clearly unfounded.
(5)Sub-paragraph (4) applies to a human rights claim if, or in so far as, it asserts a matter other than that specified in sub-paragraph (3)(b).
Textual Amendments
F1Sch. 3 para. 5(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(3)(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))
F2Words in Sch. 3 para. 5(3) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(3)(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))
F3Words in Sch. 3 para. 5(4) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(3)(c); 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))
Commencement Information
I1Sch. 3 para. 5 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.
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