Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Part 5 U.K. Countries Certified as Safe for Individuals

17 U.K. This Part applies to a person who has made an asylum claim if the Secretary of State certifies that—

(a) it is proposed to remove the person to a specified State,

(b) in the Secretary of State’s opinion the person is not a national or citizen of the specified State, and

(c) in the Secretary of State’s opinion the specified State is a place—

(i) where the person’s life and liberty will not be threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and

(ii) from which the person will not be sent to another State otherwise than in accordance with the Refugee Convention.

Commencement Information

I1 Sch. 3 para. 17 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

18 U.K. Where this Part applies to a person section 77 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no removal while claim for asylum pending) shall not prevent his removal to the State specified under paragraph 17.

Commencement Information

I2 Sch. 3 para. 18 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

19 U.K. Where this Part applies to a person—

(a) he may not bring an immigration appeal by virtue of section 92(2) or (3) of that Act (appeal from within United Kingdom: general),

(b) he may not bring an immigration appeal by virtue of section 92(4)(a) of that Act (appeal from within United Kingdom: asylum or human rights) in reliance on an asylum claim which asserts that to remove the person to the State specified under paragraph 17 would breach the United Kingdom’s obligations under the Refugee Convention,

(c) he may not bring an immigration appeal by virtue of section 92(4)(a) of that Act in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded, and

(d) he may not while outside the United Kingdom bring an immigration appeal on any ground that is inconsistent with the opinion certified under paragraph 17(c).

Commencement Information

I3 Sch. 3 para. 19 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.