PART 12Extradition
Amendments of the Extradition Act 2003
I1162Asylum etc
1
In section 39 of the Extradition Act 2003 (asylum claim: extradition to category 1 territory)—
a
subsections (1) and (2) are repealed;
b
in subsection (3), for “The person” there is substituted
If—
a
an order is made under this Part for a person to be extradited in pursuance of a Part 1 warrant, and
b
the person has made an asylum claim (whether before or after the issue of the warrant),
the person
2
In section 121 of that Act (asylum claim: extradition to category 2 territory)—
a
subsections (1) and (2) are repealed;
b
in subsection (3), for “The person” there is substituted
If—
a
an order is made under this Part for a person to be extradited in pursuance of a request, and
b
the person has made an asylum claim (whether before or after the making of the request),
the person
3
In section 93 of that Act (Secretary of State's consideration of case)—
a
in subsection (4)(c), after “he orders the person's discharge” there is inserted “
under subsection (6A) or
”
;
b
after subsection (6) there is inserted—
6A
The Secretary of State may order the person's discharge if the person—
a
has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or
b
has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove the person to the territory to which extradition is requested.