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Change 1
As published
80C Meaning of “connection” to a safe third State
(1) Condition 1 is that the claimant—
(a) has been recognised as a refugee in the safe third State, and
(b) remains able to access protection in accordance with the Refugee Convention in that State.
(2) Condition 2 is that the claimant—
(a) has otherwise been granted protection in a safe third State as a result of which the claimant would not be sent from the safe third State to another State—
(i) otherwise than in accordance with the Refugee Convention, or
(ii) in contravention of their rights under Article 3 of the Human Rights Convention, and
(b) remains able to access that protection in that State.
(3) Condition 3 is that the claimant has made a relevant claim to the safe third State and the claim—
(a) has not yet been determined, or
(b) has been refused.
(4) Condition 4 is that—
(a) the claimant was previously present in, and eligible to make a relevant claim to, the safe third State,
(b) it would have been reasonable to expect them to make such a claim, and
(c) they failed to do so.
(5) Condition 5 is that, in the claimant’s particular circumstances, it would have been reasonable to expect them to have made a relevant claim to the safe third State (instead of making a claim in the United Kingdom).
(6) For the purposes of this section, a “relevant claim” to a safe third State is a claim—
(a) to be recognised as a refugee in the State for the purposes of the Refugee Convention, or
(b) for protection in the State of the kind mentioned in subsection (2)(a).
(7) For the purposes of this section “claimant” and “safe third State” have the same meanings as in section 80B; and see subsection (8) of that section.
Your change, as a redline
80C Meaning of “connection” to a safe third State
(1) Condition 1 is that the claimant—
(a) has been recognised as a refugee in the safe third State, and
(b) remains able to access protection in accordance with the Refugee Convention in that State.
(2) Condition 2 is that the claimant—
(a) has otherwise been granted protection in a safe third State as a result of which the claimant would not be sent from the safe third State to another State—
(i) otherwise than in accordance with the Refugee Convention, or
(ii) in contravention of their rights under Article 3 of the Human Rights Convention, and
(b) remains able to access that protection in that State.
(3) Condition 3 is that the claimant has made a relevant claim to the safe third State and the claim—
(a) has not yet been determined, or
(b) has been refused.
(4) Condition 4 is that—
(a) the claimant was previously present in, and eligible to make a relevant claim to, the safe third State,
(b) it would have been reasonable to expect them to make such a claim, and
(c) they failed to do so.
(5) Condition 5 is that, in the claimant’s particular circumstances, it would have been reasonable to expect them to have made a relevant claim to the safe third State (instead of making a claim in the United Kingdom).
(6) For the purposes of this section, a “relevant claim” to a safe third State is a claim—
(a) to be recognised as a refugee in the State for the purposes of the Refugee Convention, or
(b) for protection in the State of the kind mentioned in subsection (2)(a).
(7) For the purposes of this section “claimant” and “safe third State” have the same meanings as in section 80B; and see subsection (8) of that section.
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