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SCHEDULES

Section 33

SCHEDULE 3U.K.Removal of Asylum Seeker to Safe Country

Part 1U.K.Introductory

1(1)In this Schedule—U.K.

(2)In this Schedule 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.

[F2(3)Section 92 of the Nationality, Immigration and Asylum Act 2002 makes further provision about the place from which an appeal relating to an asylum or human rights claim may be brought or continued.]

Textual Amendments

F2Sch. 3 para. 1(3) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(2); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I1Sch. 3 para. 1 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

Part 2U.K.First List of Safe Countries (Refugee Convention and Human Rights (1))

2U.K.This Part applies to—

(a)Austria,

(b)Belgium,

[F3(ba)Bulgaria,]

[F4(bb)Republic of Croatia,]

(c)Republic of Cyprus,

(d)Czech Republic,

(e)Denmark,

(f)Estonia,

(g)Finland,

(h)France,

(i)Germany,

(j)Greece,

(k)Hungary,

(l)Iceland,

(m)Ireland,

(n)Italy,

(o)Latvia,

[F5(oa)Principality of Liechtenstein,]

(p)Lithuania,

(q)Luxembourg,

(r)Malta,

(s)Netherlands,

(t)Norway,

(u)Poland,

(v)Portugal,

[F6(va)Romania,]

(w)Slovak Republic,

(x)Slovenia,

(y)Spain, F7...

(z)Sweden,

[F8(z1)Switzerland.]

Textual Amendments

F3Sch. 3 para. 2(ba) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by Asylum (First List of Safe Countries) (Amendment) Order 2006 (S.I. 2006/3393), arts. 1(2), 2(2)

F6Sch. 3 para. 2(va) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by Asylum (First List of Safe Countries) (Amendment) Order 2006 (S.I. 2006/3393), arts. 1(2), 2(3)

F7Word in Sch. 3 para. 2(y) deleted (with application in accordance with art. 1(3)(a) of the amending S.I.) by virtue of The Asylum (First List of Safe Countries) (Amendment) Order 2010 (S.I. 2010/2802), arts. 1(2), 2(a) (with art. 1(3)(b))

F8Sch. 3 para. 2(z1) inserted (with application in accordance with art. 1(3)(a) of the amending S.I.) by The Asylum (First List of Safe Countries) (Amendment) Order 2010 (S.I. 2010/2802), arts. 1(2), 2(b) (with art. 1(3)(b))

Commencement Information

I2Sch. 3 para. 2 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

3(1)This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim or a human rights claim [F9(the “claimant”)] may be removed—U.K.

(a)from the United Kingdom, and

(b)to a State of which he is not a national or citizen.

[F10(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.]

(2)A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—

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

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c)from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

Textual Amendments

Commencement Information

I3Sch. 3 para. 3 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F124U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5(1)This paragraph applies where the Secretary of State certifies that—U.K.

(a)it is proposed to remove a person to a State to which this Part applies, and

(b)in the Secretary of State’s opinion the person is not a national or citizen of the State.

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The person may not bring an immigration appeal F14... in reliance on—

(a)an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention, F15...

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The person may not bring an immigration appeal F16... in reliance on a human rights claim F17... if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim F17... unless satisfied that the claim is not clearly unfounded.

F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 3 para. 5(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(3)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I4Sch. 3 para. 5 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F196U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 3U.K.Second List of Safe Countries (Refugee Convention and Human Rights (2))

7(1)This Part applies to such States as the Secretary of State may by order specify.U.K.

(2)An order under this paragraph—

(a)shall be made by statutory instrument, and

(b)shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Commencement Information

I5Sch. 3 para. 7 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

8(1)This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed—U.K.

(a)from the United Kingdom, and

(b)to a State of which he is not a national or citizen.

(2)A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—

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

(b)from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

Commencement Information

I6Sch. 3 para. 8 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F209U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

10(1)This paragraph applies where the Secretary of State certifies that—U.K.

(a)it is proposed to remove a person to a State to which this Part applies, and

(b)in the Secretary of State’s opinion the person is not a national or citizen of the State.

F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The person may not bring an immigration appeal F22... in reliance on an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention.

(4)The person may not bring an immigration appeal F23... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim where this paragraph applies unless satisfied that the claim is not clearly unfounded.

Textual Amendments

F21Sch. 3 para. 10(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(4)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I7Sch. 3 para. 10 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F2411U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 4U.K.Third List of Safe Countries (Refugee Convention Only)

12(1)This Part applies to such States as the Secretary of State may by order specify.U.K.

(2)An order under this paragraph—

(a)shall be made by statutory instrument, and

(b)shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Commencement Information

I8Sch. 3 para. 12 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

13(1)This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed—U.K.

(a)from the United Kingdom, and

(b)to a State of which he is not a national or citizen.

(2)A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—

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

(b)from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

Commencement Information

I9Sch. 3 para. 13 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F2514U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

15(1)This paragraph applies where the Secretary of State certifies that—U.K.

(a)it is proposed to remove a person to a State to which this Part applies, and

(b)in the Secretary of State’s opinion the person is not a national or citizen of the State.

F26(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The person may not bring an immigration appeal F27... in reliance on an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention.

(4)The person may not bring an immigration appeal F28... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded.

Textual Amendments

F26Sch. 3 para. 15(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(5)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I10Sch. 3 para. 15 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F2916U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 5U.K.Countries Certified as Safe for Individuals

17U.K.This Part applies to a person who has made an asylum claim if the Secretary of State certifies that—

(a)it is proposed to remove the person to a specified State,

(b)in the Secretary of State’s opinion the person is not a national or citizen of the specified State, and

(c)in the Secretary of State’s opinion the specified State is a place—

(i)where the person’s life and liberty will not be threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and

(ii)from which the person will not be sent to another State otherwise than in accordance with the Refugee Convention.

Commencement Information

I11Sch. 3 para. 17 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F3018U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

19U.K.Where this Part applies to a person—

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)he may not bring an immigration appeal F32... in reliance on an asylum claim which asserts that to remove the person to the State specified under paragraph 17 would breach the United Kingdom’s obligations under the Refugee Convention,

(c)he may not bring an immigration appeal F33... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded, and

F34(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31Sch. 3 para. 19(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(6)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I12Sch. 3 para. 19 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

Part 6U.K.Amendment of Lists

20(1)The Secretary of State may by orderU.K.

[F35(a)] add a State to the list specified in paragraph 2 [F36, or

(b)remove a State from that list.]

(2)The Secretary of State may by order —

(a)add a State to a list specified under paragraph 7 or 12, or

(b)remove a State from a list specified under paragraph 7 or 12.

Textual Amendments

F35Words in Sch. 3 para. 20(1) renumbered as Sch. 3 para. 20(1)(a) (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 9(a)

Commencement Information

I13Sch. 3 para. 20 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

21(1)An order under paragraph [F3720(1)(a)] or (2)(a)—U.K.

(a)shall be made by statutory instrument,

(b)shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and

(c)may include transitional provision.

(2)An order under paragraph [F3820(1)(b) or (2)(b)]—

(a)shall be made by statutory instrument,

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c)may include transitional provision.

Textual Amendments

Commencement Information

I14Sch. 3 para. 21 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.