SCHEDULES

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

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

I1Sch. 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

I2Sch. 3 para. 8 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F19U.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.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The person may not bring an immigration appeal F3... 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 F4... 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

F2Sch. 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

I3Sch. 3 para. 10 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F511U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments