80BAsylum claims by persons with connection to safe third State

1

The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.

2

Subject to subsection (7), an asylum claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

3

A declaration under subsection (1) that an asylum claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) (appeal against refusal of protection claim) arises.

4

For the purposes of this section, a State is a “safe third State” in relation to a claimant if—

a

the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion,

b

the State is one from which a person will not be sent to another State—

i

otherwise than in accordance with the Refugee Convention, or

ii

in contravention of their rights under Article 3 of the Human Rights Convention (freedom from torture or inhuman or degrading treatment), and

c

a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.

5

For the purposes of this section, a claimant has “a connection” to a safe third State if they meet any of conditions 1 to 5 set out in section 80C in relation to the State.

6

The fact that an asylum claim has been declared inadmissible under subsection (1) by virtue of the claimant’s connection to a particular safe third State does not prevent the Secretary of State from removing the claimant to any other safe third State.

7

An asylum claim that has been declared inadmissible under subsection (1) may nevertheless be considered under the immigration rules—

a

if the Secretary of State determines that there are exceptional circumstances in the particular case that mean the claim should be considered, or

b

in such other cases as may be provided for in the immigration rules.

8

In this section and section 80C—

a

“asylum claim”, “Human Rights Convention”, “immigration rules” and “the Refugee Convention” have the same meanings as in section 80A;

b

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.

80CMeaning of “connection” to a safe third State

1

Condition 1 is that the claimant—

a

has been recognised as a refugee in the safe third State, and

b

remains able to access protection in accordance with the Refugee Convention in that State.

2

Condition 2 is that the claimant—

a

has otherwise been granted protection in a safe third State as a result of which the claimant would not be sent from the safe third State to another State—

i

otherwise than in accordance with the Refugee Convention, or

ii

in contravention of their rights under Article 3 of the Human Rights Convention, and

b

remains able to access that protection in that State.

3

Condition 3 is that the claimant has made a relevant claim to the safe third State and the claim—

a

has not yet been determined, or

b

has been refused.

4

Condition 4 is that—

a

the claimant was previously present in, and eligible to make a relevant claim to, the safe third State,

b

it would have been reasonable to expect them to make such a claim, and

c

they failed to do so.

5

Condition 5 is that, in the claimant’s particular circumstances, it would have been reasonable to expect them to have made a relevant claim to the safe third State (instead of making a claim in the United Kingdom).

6

For the purposes of this section, a “relevant claim” to a safe third State is a claim—

a

to be recognised as a refugee in the State for the purposes of the Refugee Convention, or

b

for protection in the State of the kind mentioned in subsection (2)(a).

7

For the purposes of this section “claimant” and “safe third State” have the same meanings as in section 80B; and see subsection (8) of that section.