SCHEDULES

SCHEDULE 4Removal of asylum seeker to safe country

Rebuttable presumption of safety of specified countries in relation to Convention rights

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(1)

Paragraph 3 (presumptions of safety) is amended as follows.

(2)

In sub-paragraph (1), in the opening words, after “human rights claim” insert “(the “claimant”)”.

(3)

After sub-paragraph (1) insert—

“(1A)

Unless the contrary is shown by the claimant to be the case in their particular circumstances, a State to which this Part applies is to be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—

(a)

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

(b)

from which a person will not be sent to another State in contravention of their Convention rights.”

(4)

In sub-paragraph (2), omit paragraph (b) (but not the final “and”).