(1) In section 147 of the Immigration and Asylum Act 1999 (c. 33) (Part VIII: interpretation)—
(a) the definition of “detention centre” shall cease to have effect, and
(b) the following shall be inserted after the definition of “prisoner custody officer”—
“removal centre” means a place which is used solely for the detention of detained persons but which is not a short-term holding facility, a prison or part of a prison;
.
(2) In the provisions listed in subsection (3) (and any relevant headings)—
(a) for the words “detention centre” there shall be substituted the words “ removal centre ”, and
(b) for the words “detention centres” there shall be substituted the words “ removal centres ”.
(3) The provisions are—
(a) in section 147 of the Immigration and Asylum Act 1999 (Part VIII: interpretation), the definitions of “contracted out detention centre”, “contractor”, “custodial functions”, “detention centre contract”, “detention centre rules”, and “directly managed detention centre”,
(b) section 148 of that Act (management of centre),
(c) sections 149 and 150 of that Act (contracting out),
(d) section 151 of that Act (intervention by Secretary of State),
(e) section 152 of that Act (visiting committee),
(f) section 153 of that Act (rules),
(g) section 155 of that Act (custodial functions),
(h) section 157 of that Act (short-term holding facility),
(i) section 158 of that Act (disclosure of information),
(j) section 159 of that Act (power of constable),
(k) Schedule 11 to that Act (detainee custody officer),
(l) Schedule 12 to that Act (procedure at detention centre),
(m) Schedule 13 to that Act (escort),
(n) section 141(5)(e) and (6) of that Act (fingerprinting),
(o) section 5A(5A) of the Prison Act 1952 (c. 52) (Chief Inspector of Prisons), and
(p) paragraph 13 of Schedule 4A to the Water Industry Act 1991 (c. 56) (disconnection).
(4) A reference in an enactment or instrument to a detention centre within the meaning of Part VIII of the Immigration and Asylum Act 1999 (c. 33) shall be construed as a reference to a removal centre within the meaning of that Part.
67 Construction of reference to person liable to detention
(1) This section applies to the construction of a provision which—
(a) does not confer power to detain a person, but
(b) refers (in any terms) to a person who is liable to detention under a provision of the Immigration Acts.
(2) The reference shall be taken to include a person if the only reason why he cannot be detained under the provision is that—
(a) he cannot presently be removed from the United Kingdom, because of a legal impediment connected with the United Kingdom’s obligations under an international agreement,
(b) practical difficulties are impeding or delaying the making of arrangements for his removal from the United Kingdom, or
(c) practical difficulties, or demands on administrative resources, are impeding or delaying the taking of a decision in respect of him.
(3) This section shall be treated as always having had effect.
(1) A residence condition may be imposed on an asylum-seeker or a dependant of an asylum-seeker without regard to his personal circumstances if—
(a) it requires him to reside at a specified location for a period not exceeding 14 days, and
(b) the person imposing the residence condition believes that a programme of induction will be made available to the asylum-seeker at or near the specified location.
(2) In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.
(3) In this section—
“asylum-seeker” has the meaning given by section 18 of this Act but disregarding section 18(1)(a),
“dependant of an asylum-seeker” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of an asylum-seeker, and
“programme of induction” means education about the nature of the asylum process.
(4) Regulations under subsection (3)—
(a) may make different provision for different circumstances,
(b) must be made by statutory instrument, and
(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Subsection (6) applies where the Secretary of State arranges for the provision of a programme of induction (whether or not he also provides other facilities to persons attending the programme and whether or not all the persons attending the programme are subject to residence conditions).
(6) A local authority may arrange for or participate in the provision of the programme or other facilities.
(7) In particular, a local authority may—
(a) incur reasonable expenditure;
(b) provide services outside its area;
(c) provide services jointly with another body;
(d) form a company;
(e) tender for or enter into a contract;
(f) do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.
(8) In this section “local authority” means—
(a) a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and
(b) a Northern Ireland authority within the meaning of section 110 of that Act.
(1) This section applies to—
(a) a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and
(b) a dependant of a person within paragraph (a).
(2) The Secretary of State or an immigration officer may impose on a person to whom this section applies any condition which may be imposed under Schedule 10 to the Immigration Act 2016 on a person liable to detention under paragraph 16 of Schedule 2 to the Immigration Act 1971.
(3) Where a condition is imposed on a person under subsection (2)—
(a) the condition shall be treated for all purposes as a condition imposed under Schedule 10 to the Immigration Act 2016, and
(b) if the person fails to comply with the condition he shall be liable to detention under paragraph 16 of Schedule 2 to the Immigration Act 1971.
(4) A condition imposed on a person under this section shall cease to have effect if he ceases to be an asylum-seeker or the dependant of an asylum-seeker.
(5) In this section—
“asylum-seeker” has the same meaning as in section 70,
“claim for asylum” has the same meaning as in section 18, and
“dependant” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of another person.
(6) Regulations under subsection (5)—
(a) may make different provision for different circumstances,
(b) must be made by statutory instrument, and
(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from prohibition of expulsion or return).
(2) A person is convicted by a final judgment of a particularly serious crime ... if he is—
(a) convicted in the United Kingdom of an offence, and
(b) sentenced to a period of imprisonment of at least 12 months.
(3) A person is convicted by a final judgment of a particularly serious crime ... if—
(a) he is convicted outside the United Kingdom of an offence,
(b) he is sentenced to a period of imprisonment of at least 12 months, and
(c) he could have been sentenced to a period of imprisonment of at least 12 months had his conviction been a conviction in the United Kingdom of a similar offence.
(4) A person is convicted by a final judgment of a particularly serious crime ... if—
(a) he is convicted of an offence specified by order of the Secretary of State, or
(b) he is convicted outside the United Kingdom of an offence and the Secretary of State certifies that in his opinion the offence is similar to an offence specified by order under paragraph (a).
(5) An order under subsection (4)—
(a) must be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5ZA) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a) the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and
(b) the person is not, by virtue of the conviction, a person falling within subsection (2).
(5ZB) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a) the person is convicted outside the United Kingdom of an offence,
(b) the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and
(c) the person is not, by virtue of the conviction, a person falling within subsection (3).
(5A) A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.
(5B) A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.
(6) A presumption under subsection (5ZA) or (5ZB) that a person has been convicted by a final judgment of a particularly serious crime or under subsection (5A) or (5B) that a person constitutes a danger to the community is rebuttable by that person.
(7) A presumption under subsection (5ZA), (5ZB), (5A) or (5B) does not apply while an appeal against conviction or sentence—
(a) is pending, or
(b) could be brought (disregarding the possibility of appeal out of time with leave).
(8) Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (no need to consider gravity of fear or threat of persecution) applies for the purpose of considering whether a presumption under subsection (5A) or (5B) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.
(9) Subsection (10) applies where—
(a) a person appeals under section 82 ... of this Act or under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) wholly or partly on the ground mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and
(b) the Secretary of State issues a certificate that a presumption under subsection (5ZA), (5ZB), (5A) or (5B) applies to the person (subject to rebuttal).
(10) The . . . Tribunal or Commission hearing the appeal—
(a) must begin substantive deliberation on the appeal by considering the certificate, and
(b) if in agreement that a presumption under subsection (5ZA), (5ZB), (5A) or (5B) applies (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in subsection (9)(a).
(10A) Subsection (10) also applies in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.
(11) For the purposes of this section—
(a) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
(b) a reference to a person who is sentenced to a period of imprisonment of at least 12 months —
(i) does not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it is to take effect),
(ia) does not include a reference to a person who is sentenced to a period of imprisonment of at least 12 months only by virtue of being sentenced to consecutive sentences which amount in aggregate to more than 12 months,
(ii) includes a reference to a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), and
(iii) includes a reference to a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period (provided that it may last for 12 months).
(1) The following shall be inserted after paragraph 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal)—
10A Where directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.: detention) for the words “8 to 10” there shall be substituted “ 8 to 10A ”.
(1) Section 7 of the Immigration Act 1971 (existing residents exempt from deportation) shall be amended as follows.
(2) Subsection (1)(a) (which is redundant) shall cease to have effect.
(3) The following shall be substituted for subsection (1)(b)—
(b) shall not be liable to deportation under section 3(5) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;
.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person—
(a) is liable to deportation, but
(b) cannot be deported for legal reasons.
(2) The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if—
(a) the leave was obtained by deception,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person, or someone of whom he is a dependant, ceases to be a refugee as a result of—
(a) voluntarily availing himself of the protection of his country of nationality,
(b) voluntarily re-acquiring a lost nationality,
(c) acquiring the nationality of a country other than the United Kingdom and availing himself of its protection, or
(d) voluntarily establishing himself in a country in respect of which he was a refugee.
(4) In this section—
“indefinite leave” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),
“liable to deportation” has the meaning given by section 3(5) and (6) of that Act (deportation),
“refugee” has the meaning given by the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
...
(5) A power under subsection (1) or (2) to revoke leave may be exercised—
(a) in respect of leave granted before this section comes into force;
(b) in reliance on anything done before this section comes into force.
(6) A power under subsection (3) to revoke leave may be exercised—
(a) in respect of leave granted before this section comes into force, but
(b) only in reliance on action taken after this section comes into force.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) While a person’s claim for asylum is pending he may not be—
(a) removed from the United Kingdom in accordance with a provision of the Immigration Acts, or
(b) required to leave the United Kingdom in accordance with a provision of the Immigration Acts.
(2) In this section—
(a) “claim for asylum” means a claim by a person that it would be contrary to the United Kingdom’s obligations under the Refugee Convention to remove him from or require him to leave the United Kingdom, and
(b) a person’s claim is pending until he is given notice of the Secretary of State’s decision on it.
(2A) This section does not prevent a person being removed to, or being required to leave to go to, a State falling within subsection (2B).
(2B) A State falls within this subsection if—
(a) it is a place where a person’s life and liberty are not threatened by reason of the person’s race, religion, nationality, membership of a particular social group or political opinion,
(b) it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,
(c) it is a place—
(i) 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
(ii) from which a person will not be sent to another State in contravention of the person’s Convention rights, and
(d) the person is not a national or citizen of the State.
(2C) For the purposes of this section—
(a) any State to which Part 2 or 3 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 for the time being applies—
(i) is to be presumed to be a State falling within subsection (2B)(a) and (b), and
(ii) is, unless the contrary is shown by a person to be the case in their particular circumstances, to be presumed to be a State falling within subsection (2B)(c)(i) and (ii);
(b) any State to which Part 4 of that Schedule for the time being applies is to be presumed to be a State falling within subsection (2B)(a) and (b);
(c) 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;
(d) “State” includes any territory outside of the United Kingdom.
(3) In this section, “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 (whether or not in relation to a State that is a party to the Convention); and “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
(4) Nothing in this section shall prevent any of the following while a claim for asylum is pending—
(a) the giving of a direction for the claimant’s removal from the United Kingdom,
(b) the making of a deportation order in respect of the claimant, or
(c) the taking of any other interim or preparatory action.
(5) Section 15 of the Immigration and Asylum Act 1999 (c. 33) (protection from removal or deportation) shall cease to have effect.
(1) While a person’s appeal under section 82(1) is pending he may not be—
(a) removed from the United Kingdom in accordance with a provision of the Immigration Acts, or
(b) required to leave the United Kingdom in accordance with a provision of the Immigration Acts.
(2) In this section “pending” has the meaning given by section 104.
(3) Nothing in this section shall prevent any of the following while an appeal is pending—
(a) the giving of a direction for the appellant’s removal from the United Kingdom,
(b) the making of a deportation order in respect of the appellant (subject to section 79), or
(c) the taking of any other interim or preparatory action.
(4) This section applies only to an appeal brought while the appellant is in the United Kingdom in accordance with section 92.
78A Restriction on removal of children and their parents etc
(1) This section applies in a case where—
(a) a child is to be removed from or required to leave the United Kingdom, and
(b) an individual who—
(i) is a parent of the child or has care of the child, and
(ii) is living in a household in the United Kingdom with the child,
is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).
(2) During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—
(a) the child may not be removed from or required to leave the United Kingdom; and
(b) a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.
(3) The relevant appeal rights are exhausted at the time when—
(a) neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and
(b) no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.
(4) Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—
(a) the giving of a direction for the removal of a person from the United Kingdom,
(b) the making of a deportation order in respect of a person, or
(c) the taking of any other interim or preparatory action.
(5) In this section—
“child” means a person who is aged under 18;
references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.
(1) A deportation order may not be made in respect of a person while an appeal under section 82(1) that may be brought or continued from within the United Kingdom relating to the decision to make the order—
(a) could be brought (ignoring any possibility of an appeal out of time with permission), or
(b) is pending.
(2) In this section “pending” has the meaning given by section 104.
(3) This section does not apply to a deportation order which states that it is made in accordance with section 32(5) of the UK Borders Act 2007.
(4) But a deportation order made in reliance on subsection (3) does not invalidate leave to enter or remain, in accordance with section 5(1) of the Immigration Act 1971, if and for so long as section 78 above applies.
80A Asylum claims by EU nationalsClaims by nationals of listed safe States
(1) The Secretary of State must declare an asylum claim or a human rights claim made by a person who is a national of a member State State listed in section 80AA(1) inadmissible.
(2) An asylum A claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.
(3) A declaration under subsection (1) that an asylum a claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) or (b) (appeal against refusal of protection claim or human rights claim) arises.
(4) Subsection (1) does not apply if there are exceptional circumstances as a result of which the Secretary of State considers that the claim ought to be considered.
(5) For the purposes of subsection (4) exceptional circumstances include where the member State of which the claimant is a national—
(a) in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State is derogating from any of its obligations under the Human Rights Convention, in accordance with Article 15 of the Convention;
(b) in a case where the claimant is a national of a member State, where that State is the subject of a proposal initiated in accordance with the procedure referred to in Article 7(1) of the Treaty on European Union and—
(i) the proposal has yet to be determined by the Council of the European Union or (as the case may be) the European Council,
(ii) the Council of the European Union has determined, in accordance with Article 7(1), that there is a clear risk of a serious breach by the member State of the values referred to in Article 2 of the Treaty, or
(iii) the European Council has determined, in accordance with Article 7(2), the existence of a serious and persistent breach by the member State of the values referred to in Article 2 of the Treaty.
(6) In this section and section 80AA—
“asylum claim”, “human rights claim”, “the Human Rights Convention” and “the Refugee Convention” have the meanings given by section 113;
“immigration rules” means rules under section 3(2) of the Immigration Act 1971;
“national” includes citizen;
“the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 as it had effect immediately before IP completion day.
(1) The States are—
(a) Albania,
(b) Austria,
(c) Belgium,
(d) Bulgaria,
(e) Republic of Croatia,
(f) Republic of Cyprus,
(g) Czech Republic,
(h) Denmark,
(i) Estonia,
(j) Finland,
(k) France,
(ka) Georgia,
(l) Germany,
(m) Greece,
(n) Hungary,
(o) Iceland,
(oa) India,
(p) Republic of Ireland,
(q) Italy,
(r) Latvia,
(s) Principality of Liechtenstein,
(t) Lithuania,
(u) Luxembourg,
(v) Malta,
(w) Netherlands,
(x) Norway,
(y) Poland,
(z) Portugal,
(z1) Romania,
(z2) Slovak Republic,
(z3) Slovenia,
(z4) Spain,
(z5) Sweden,
(z6) Switzerland.
(2) The Secretary of State may by regulations amend the list in subsection (1) so as to add or remove a State.
(3) The Secretary of State may add a State to the list only if satisfied that—
(a) there is in general in that State no serious risk of persecution of nationals of that State, and
(b) removal to that State of nationals of that State will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.
(4) In deciding whether the statements in subsection (3)(a) and (b) are true of a State, the Secretary of State—
(a) must have regard to all the circumstances of the State (including its laws and how they are applied), and
(b) must have regard to information from any appropriate source (including member States and international organisations).
(5) Regulations under this section—
(a) must be made by statutory instrument;
(b) may include transitional or saving provision.
(6) A statutory instrument containing—
(a) regulations which add a State to the list in subsection (1), or
(b) regulations which both add a State to, and remove a State from, that list,
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(7) A statutory instrument containing regulations under this section, other than one to which subsection (6) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.
80B Asylum claims by persons with connection to safe third State
(1) The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.
(2) Subject to subsection (7), an asylum claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.
(3) A declaration under subsection (1) that an asylum claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) (appeal against refusal of protection claim) arises.
(4) For the purposes of this section, a State is a “safe third State” in relation to a claimant if—
(a) the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion,
(b) the State is one from which a person will not be sent 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 (freedom from torture or inhuman or degrading treatment), and
(c) a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.
(5) For the purposes of this section, a claimant has “a connection” to a safe third State if they meet any of conditions 1 to 5 set out in section 80C in relation to the State.
(6) The fact that an asylum claim has been declared inadmissible under subsection (1) by virtue of the claimant’s connection to a particular safe third State does not prevent the Secretary of State from removing the claimant to any other safe third State.
(7) An asylum claim that has been declared inadmissible under subsection (1) may nevertheless be considered under the immigration rules—
(a) if the Secretary of State determines that there are exceptional circumstances in the particular case that mean the claim should be considered, or
(b) in such other cases as may be provided for in the immigration rules.
(8) In this section and section 80C—
(a) “asylum claim”, “Human Rights Convention”, “immigration rules” and “the Refugee Convention” have the same meanings as in section 80A;
(b) 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.
(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.
(1) A person (“P”) may appeal to the Tribunal where—
(a) the Secretary of State has decided to refuse a protection claim made by P,
(b) the Secretary of State has decided to refuse a human rights claim made by P, or
(c) the Secretary of State has decided to revoke P's protection status.
(2) For the purposes of this Part—
(a) a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom—
(i) would breach the United Kingdom's obligations under the Refugee Convention, or
(ii) would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
(b) P's protection claim is refused if the Secretary of State makes one or more of the following decisions—
(i) that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;
(ii) that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
(c) a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection;
(d) “humanitarian protection” is to be construed in accordance with the immigration rules;
(e) “refugee” has the same meaning as in the Refugee Convention.
(3) The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.
(1) An appeal under section 82(1)(a) (refusal of protection claim) must be brought on one or more of the following grounds—
(a) that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention;
(b) that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
(c) that removal of the appellant from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).
(2) An appeal under section 82(1)(b) (refusal of human rights claim) must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998.
(3) An appeal under section 82(1)(c) (revocation of protection status) must be brought on one or more of the following grounds—
(a) that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations under the Refugee Convention;
(b) that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.
(1) An appeal under section 82(1) against a decision shall be treated by the Tribunal as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
(2) If an appellant under section 82(1) makes a statement under section 120, the Tribunal shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84 against the decision appealed against.
(3) Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
(4) On an appeal under section 82(1) ... against a decision the Tribunal may consider ... any matter which it thinks relevant to the substance of the decision, including ... a matter arising after the date of the decision.
(5) But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.
(6) A matter is a “new matter” if—
(a) it constitutes a ground of appeal of a kind listed in section 84, and
(b) the Secretary of State has not previously considered the matter in the context of—
(i) the decision mentioned in section 82(1), or
(ii) a statement made by the appellant under section 120.
86A Timeframe for determination of appeal under section 82(1)(a) where appellant is receiving accommodation support
(1) This section applies on an appeal under section 82(1)(a) brought by a person to whom, at the time the appeal is instituted, accommodation is being provided under section 95 or 98 of the Immigration and Asylum Act 1999.
(2) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
(3) But subsection (2) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
86B Timeframe for determination of appeal brought by certain non-detained appellants liable to deportation
(1) This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2).
(2) A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person—
(a) is not detained (whether under any provision of the Immigration Acts or otherwise),
(b) has been convicted of an offence (whether in or outside the United Kingdom), and
(c) is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good).
(3) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
(4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
92 Place from which an appeal may be brought or continued
(1) This section applies to determine the place from which an appeal under section 82(1) may be brought or continued.
(2) In the case of an appeal under section 82(1)(a) (protection claim appeal), the appeal must be brought from outside the United Kingdom if—
(a) the claim to which the appeal relates has been certified under section 94(7) (removal to a safe country), ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Otherwise, the appeal must be brought from within the United Kingdom.
(3) In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was in the United Kingdom, the appeal must be brought from outside the United Kingdom if—
(a) the claim to which the appeal relates has been certified under section 94(7) (removal to a safe country) or section 94B (certification of human rights claims ...), ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Otherwise, the appeal must be brought from within the United Kingdom.
(4) In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the United Kingdom, the appeal must be brought from outside the United Kingdom.
(5) In the case of an appeal under section 82(1)(c) (revocation of protection status)—
(a) the appeal must be brought from within the United Kingdom if the decision to which the appeal relates was made while the appellant was in the United Kingdom;
(b) the appeal must be brought from outside the United Kingdom if the decision to which the appeal relates was made while the appellant was outside the United Kingdom.
(6) If, after an appeal under section 82(1)(a) or (b) has been brought from within the United Kingdom, the Secretary of State certifies the claim to which the appeal relates under section 94(7) or section 94B, the appeal must be continued from outside the United Kingdom.
(7) Where a person brings or continues an appeal under section 82(1)(a) (refusal of protection claim) from outside the United Kingdom, for the purposes of considering whether the grounds of appeal are satisfied, the appeal is to be treated as if the person were not outside the United Kingdom.
(8) Where an appellant brings an appeal from within the United Kingdom but leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned unless the claim to which the appeal relates has been certified under section 94(7) or section 94B.
94 Certification of human rights or protection claims as unfounded or removal to safe country
(1) The Secretary of State may certify a protection claim or human rights claim as clearly unfounded.
(3) If the Secretary of State is satisfied that a claimant is entitled to reside in a State listed in subsection (4) he shall certify the claim under subsection (1) unless satisfied that it is not clearly unfounded.
(3A) A person may not bring an appeal under section 82 against a decision if the claim to which the decision relates has been certified under subsection (1).
(4) The States are—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) the Republic of Albania,
(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n) Jamaica,
(o) Macedonia,
(p) the Republic of Moldova, and
(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(s) Bolivia,
(t) Brazil,
(u) Ecuador,
(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(w) South Africa, and
(x) Ukraine.
(y) India.
(z) Mongolia,
(aa) Ghana (in respect of men),
(bb) Nigeria (in respect of men).
(cc) Bosnia-Herzegovina,
(dd) Gambia (in respect of men),
(ee) Kenya (in respect of men),
(ff) Liberia (in respect of men),
(gg) Malawi (in respect of men),
(hh) Mali (in respect of men),
(ii) Mauritius,
(jj) Montenegro,
(kk) Peru,
(ll) Serbia,
(mm) Sierra Leone (in respect of men).
(nn) Kosovo,
(oo) South Korea.
(5) The Secretary of State may by order add a State, or part of a State, to the list in subsection (4) if satisfied that—
(a) there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and
(b) removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.
(5A) If the Secretary of State is satisfied that the statements in subsection (5) (a) and (b) are true of a State or part of a State in relation to a description of person, an order under subsection (5) may add the State or part to the list in subsection (4) in respect of that description of person.
(5B) Where a State or part of a State is added to the list in subsection (4) in respect of a description of person, subsection (3) shall have effect in relation to a claimant only if the Secretary of State is satisfied that he is within that description (as well as being satisfied that he is entitled to reside in the State or part).
(5C) A description for the purposes of subsection (5A) may refer to—
(a) gender,
(b) language,
(c) race,
(d) religion,
(e) nationality,
(f) membership of a social or other group,
(g) political opinion, or
(h) any other attribute or circumstance that the Secretary of State thinks appropriate.
(5D) In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State –
(a) shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and
(b) shall have regard to information from any appropriate source (including ... member States and international organisations).
(6) The Secretary of State may by order amend the list in subsection (4) so as to omit a State or part added under subsection (5); and the omission may be—
(a) general, or
(b) effected so that the State or part remains listed in respect of a description of person.
(6A) Subsection (3) shall not apply in relation to a claimant who—
(a) is the subject of a certificate under section 2 or 70 of the Extradition Act 2003 (c. 41),
(b) is in custody pursuant to arrest under section 5 of that Act,
(c) is the subject of a provisional warrant under section 73 of that Act,
(ca) is the subject of a certificate under section 74B of that Act,
(d) is the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, or
(e) is the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act.
(7) The Secretary of State may certify a protection claim or human rights claim made by a person if —
(a) it is proposed to remove the person to a country of which he is not a national or citizen, and
(b) there is no reason to believe that the person’s rights under the Human Rights Convention will be breached in that country.
(8) In determining whether a person in relation to whom a certificate has been issued under subsection (7) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—
(a) a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and
(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94B Appeal from within the United Kingdom: certification of human rights claims ...
(1) This section applies where a human rights claim has been made by a person (“P”) ...
(2) The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, refusing P entry to, removing P from or requiring P to leave the United Kingdom , pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).
(3) The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if refused entry to, removed from or required to leave the United Kingdom .
(1) A person may not bring an appeal under section 82 against a decision (“the new decision”) if the Secretary of State or an immigration officer certifies—
(a) that the person was notified of a right of appeal under that section against another ... decision (“the old decision”) (whether or not an appeal was brought and whether or not any appeal brought has been determined),
(b) that the claim or application to which the new decision relates relies on agroundthat could have been raised in an appeal against the old decision, and
(c) that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in an appeal against the old decision.
(2) A person may not bring an appeal under section 82 if the Secretary of State or an immigration officer certifies—
(a) that the person has received a notice under section 120(2),
(b) that the appeal relies on a ground that should have been, but has not been, raised in a statement made under section 120(2) or (5), and
(c) that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in a statement under section 120(2) or (5).
(4) In subsection (1) “notified” means notified in accordance with regulations under section 105.
(5) Subsections (1) and (2) apply to prevent a person’s right of appeal whether or not he has been outside the United Kingdom since an earlier right of appeal arose or since a requirement under section 120 was imposed.
(6) In this section a reference to an appeal under section 82(1) includes a reference to an appeal under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) which is or could be brought by reference to an appeal under section 82(1).
(7) A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued.