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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004,
Part 5
is up to date with all changes known to be in force on or before 24 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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Part 5 U.K.Countries Certified as Safe for Individuals
17U.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
I1Sch. 3 para. 17 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.
18U.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
I2Sch. 3 para. 18 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.
19U.K.Where this Part applies to a person—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)he may not bring an immigration appeal [F2from within the United Kingdom] 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 [F3from within the United Kingdom] 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).
Textual Amendments
F1Sch. 3 para. 19(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(6)(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. 19(b) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(6)(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. 19(c) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(6)(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
I3Sch. 3 para. 19 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.
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