Anti-social Behaviour, Crime and Policing Act 2014
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Change 1
162 Asylum 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39 of the Extradition Act 2003 (asylum claim: extradition to category 1 territory)— (a) subsections (1) and (2) are repealed; (b) in subsection (3), for “The person” there is substituted If— (a) an order is made under this Part for a person to be extradited in pursuance of a Part 1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 (2) In section 121 of that Act (asylum claim: extradition to category 2 territory)— (a) subsections (1) and (2) are repealed; (b) in subsection (3), for “The person” there is substituted If— (a) an order is made under this Part for a person to be extradited in pursuance of a request,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.
162 Asylum 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39 of the Extradition Act 2003 (asylum claim: extradition to category 1 territory)— (a) subsections (1) and (2) are repealed; (b) in subsection (3), for “The person” there is substituted If— (a) an order is made under this Part for a person to be extradited in pursuance of a Part 1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 (2) In section 121 of that Act (asylum claim: extradition to category 2 territory)— (a) subsections (1) and (2) are repealed; (b) in subsection (3), for “The person” there is substituted If— (a) an order is made under this Part for a person to be extradited in pursuance of a request,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.
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