SCHEDULES

SCHEDULE 4U.K.Removal of asylum seeker to safe country

Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002U.K.

1In section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending), after subsection (2) insert—

“(2A)This section does not prevent a person being removed to, or being required to leave to go to, a State falling within subsection (2B).

(2B)A State falls within this subsection if—

(a)it is a place where a person’s life and liberty are not threatened by reason of the person’s race, religion, nationality, membership of a particular social group or political opinion,

(b)it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,

(c)it is a place—

(i)to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and

(ii)from which a person will not be sent to another State in contravention of the person’s Convention rights, and

(d)the person is not a national or citizen of the State.

(2C)For the purposes of this section—

(a)any State to which Part 2 or 3 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 for the time being applies—

(i)is to be presumed to be a State falling within subsection (2B)(a) and (b), and

(ii)is, unless the contrary is shown by a person to be the case in their particular circumstances, to be presumed to be a State falling within subsection (2B)(c)(i) and (ii);

(b)any State to which Part 4 of that Schedule for the time being applies is to be presumed to be a State falling within subsection (2B)(a) and (b);

(c)a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it;

(d)“State” includes any territory outside of the United Kingdom.”

Commencement Information