PART 12Extradition

Amendments of the Extradition Act 2003

I1162Asylum etc

1

In section 39 of the Extradition Act 2003 (asylum claim: extradition to category 1 territory)—

a

subsections (1) and (2) are repealed;

b

in subsection (3), for “The person” there is substituted

If—

a

an order is made under this Part for a person to be extradited in pursuance of a Part 1 warrant, and

b

the person has made an asylum claim (whether before or after the issue of the warrant),

the person

2

In section 121 of that Act (asylum claim: extradition to category 2 territory)—

a

subsections (1) and (2) are repealed;

b

in subsection (3), for “The person” there is substituted

If—

a

an order is made under this Part for a person to be extradited in pursuance of a request, and

b

the person has made an asylum claim (whether before or after the making of the request),

the person

3

In section 93 of that Act (Secretary of State's consideration of case)—

a

in subsection (4)(c), after “he orders the person's discharge” there is inserted “ under subsection (6A) or ”;

b

after subsection (6) there is inserted—

6A

The Secretary of State may order the person's discharge if the person—

a

has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

b

has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove the person to the territory to which extradition is requested.