Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004

This section has no associated Explanatory Notes

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 [F1(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.

[F2(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,

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

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