Nationality and Borders Act 2022

28 Claims certified as clearly unfounded: removal of right of appeal

(1) The Nationality, Immigration and Asylum Act 2002 is amended in accordance with subsections (2) and (3).

(2) In section 92 (place from which an appeal may be brought or continued)—

(a) in each of subsections (2)(a) and (3)(a), for “94(1) or (7) (claim clearly unfounded or removal to a safe third country)” substitute “94(7) (removal to a safe country)”;

(b) in each of subsections (6) and (8), for “94(1) or (7)” substitute “94(7)”.

(3) In section 94 (appeal from within the United Kingdom: unfounded human rights or protection claim)—

(a) after subsection (3) insert—

“(3A) A person may not bring an appeal under section 82 against a decision if the claim to which the decision relates has been certified under subsection (1).”;

(b) in subsection (4), for “Those States” substitute “The States”;

(c) for the heading substitute “Certification of human rights or protection claims as unfounded or removal to safe country”.

(4) The amendments made by this section do not apply in relation to a protection claim or human rights claim that was certified by the Secretary of State under section 94(1) before the coming into force of this section.