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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
I1Sch. 4 para. 1 not in force at Royal Assent, see s. 87(1)
I2Sch. 4 para. 1 in force at 28.6.2022 by S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 17 (with Sch. 2 para. 4(4))