Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004
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SCHEDULE 3 Removal of Asylum Seeker to Safe Country
Section 33 Part 1 Introductory 1 (1) In this Schedule— “asylum claim” means a claim by a person that to remove him from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention, “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 (c. 42) (whether or not in relation to a State that is a party to the Convention), “human rights claim” means a claim by a person that to remove him from or require him to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention) as being incompatible with his Convention rights, “immigration appeal” means an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal against immigration decision), “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and “State” includes any territory outside of the United Kingdom. (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. (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. Part 2 First List of Safe Countries (Refugee Convention and Human Rights (1)) 2 This Part applies to— (a) Austria, (b) Belgium, (ba) Bulgaria, (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, (oa) Principality of Liechtenstein, (p) Lithuania, (q) Luxembourg, (r) Malta, (s) Netherlands, (t) Norway, (u) Poland, (v) Portugal, (va) Romania, (w) Slovak Republic, (x) Slovenia, (y) Spain, ... (z) Sweden, (z1) Switzerland. 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 (the “claimant”) may be removed— (a) from the United Kingdom, and (b) to a State of which he is not a national or citizen. (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, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (c) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (1) This paragraph applies where the Secretary of State certifies that— (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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The person may not bring an immigration appeal ... 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, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The person may not bring an immigration appeal ... 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 ... unless satisfied that the claim is not clearly unfounded. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 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. (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. 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— (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. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 (1) This paragraph applies where the Secretary of State certifies that— (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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The person may not bring an immigration appeal ... 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 ... 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. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 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. (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. 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— (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. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 (1) This paragraph applies where the Secretary of State certifies that— (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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The person may not bring an immigration appeal ... 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 ... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5 Countries Certified as Safe for Individuals 17 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. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Where this Part applies to a person— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) he may not bring an immigration appeal ... 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 ... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded, and (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 6 Amendment of Lists 20 (1) The Secretary of State may by order (a) add a State to the list specified in paragraph 2 , 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. 21 (1) An order under paragraph 20(1)(a) or (2)(a)— (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 20(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.
SCHEDULE 3 Removal of Asylum Seeker to Safe Country
Section 33 Part 1 Introductory 1 (1) In this Schedule— “asylum claim” means a claim by a person that to remove him from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention, “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 (c. 42) (whether or not in relation to a State that is a party to the Convention), “human rights claim” means a claim by a person that to remove him from or require him to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention) as being incompatible with his Convention rights, “immigration appeal” means an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal against immigration decision), “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and “State” includes any territory outside of the United Kingdom. (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. (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. Part 2 First List of Safe Countries (Refugee Convention and Human Rights (1)) 2 This Part applies to— (a) Austria, (b) Belgium, (ba) Bulgaria, (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, (oa) Principality of Liechtenstein, (p) Lithuania, (q) Luxembourg, (r) Malta, (s) Netherlands, (t) Norway, (u) Poland, (v) Portugal, (va) Romania, (w) Slovak Republic, (x) Slovenia, (y) Spain, ... (z) Sweden, (z1) Switzerland. 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 (the “claimant”) may be removed— (a) from the United Kingdom, and (b) to a State of which he is not a national or citizen. (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, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (c) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (1) This paragraph applies where the Secretary of State certifies that— (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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The person may not bring an immigration appeal ... 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, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The person may not bring an immigration appeal ... 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 ... unless satisfied that the claim is not clearly unfounded. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 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. (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. 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— (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. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 (1) This paragraph applies where the Secretary of State certifies that— (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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The person may not bring an immigration appeal ... 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 ... 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. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 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. (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. 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— (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. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 (1) This paragraph applies where the Secretary of State certifies that— (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. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The person may not bring an immigration appeal ... 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 ... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5 Countries Certified as Safe for Individuals 17 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. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Where this Part applies to a person— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) he may not bring an immigration appeal ... 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 ... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded, and (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 6 Amendment of Lists 20 (1) The Secretary of State may by order (a) add a State to the list specified in paragraph 2 , 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. 21 (1) An order under paragraph 20(1)(a) or (2)(a)— (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 20(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.
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