Asylum and Immigration (Treatment of Claimants, etc.) Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Asylum and Immigration (Treatment of Claimants, etc.) Bill

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 3 — Removal of Asylum Seeker to Safe Country
Part 1 — Introductory
33

Part 2
Transitional Provision
26
In this Part “commencement” means the coming into force of section 10.
27
A person who immediately before commencement is, or is to be treated as,
an adjudicator appointed under section 81 of the Nationality, Immigration
5
and Asylum Act 2002 (c. 41) (appeals) (as it has effect before
commencement) shall be treated as having been appointed as a member of
the Asylum and Immigration Tribunal under paragraph 1 of Schedule 4 to
that Act (as it has effect after commencement) immediately after
commencement.
10
28
A person who immediately before commencement is a legally qualified
member of the Immigration Appeal Tribunal (within the meaning of
Schedule 5 to that Act) shall be treated as having been appointed as a
member of the Asylum and Immigration Tribunal under paragraph 1 of
Schedule 4 to that Act immediately after commencement.
15
29
A person who immediately before commencement is a member of staff of
adjudicators appointed or treated as appointed under section 81 of the
Nationality, Immigration and Asylum Act 2002 or of the Immigration
Appeal Tribunal shall be treated as having been appointed as a member of
the staff of the Asylum and Immigration Tribunal under paragraph 9 of
20
Schedule 4 to the Nationality, Immigration and Asylum Act 2002
immediately after commencement.
Schedule 3
Section 12

Removal of Asylum Seeker to Safe Country
Part 1
25
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,
30
“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
35
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 (appeal against
40
immigration decision), and

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 3 — Removal of Asylum Seeker to Safe Country
Part 2 — First List of Safe Countries (Refugee Convention and Human Rights)
34

“the Refugee Convention” means the Convention relating to the
Status of Refugees done at Geneva on 28th July 1951 and its
Protocol.
      (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
5
with the principles of the Convention, whether or not by a signatory to it.
Part 2
First List of Safe Countries (Refugee Convention and Human Rights)
2
This Part applies to—
(a)
Austria,
10
(b)
Belgium,
(c)
Republic of Cyprus,
(d)
Czech Republic,
(e)
Denmark,
(f)
Estonia,
15
(g)
Finland,
(h)
France,
(i)
Germany,
(j)
Greece,
(k)
Hungary,
20
(l)
Iceland,
(m)
Ireland,
(n)
Italy,
(o)
Latvia,
(p)
Lithuania,
25
(q)
Luxembourg,
(r)
Malta,
(s)
Netherlands,
(t)
Norway,
(u)
Poland,
30
(v)
Portugal,
(w)
Slovak Republic,
(x)
Slovenia,
(y)
Spain, and
(z)
Sweden.
35
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 may be removed—
(a)
from the United Kingdom, and
(b)
to a State of which he is not a national or citizen.
40
      (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,
45

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 3 — Removal of Asylum Seeker to Safe Country
Part 2 — First List of Safe Countries (Refugee Convention and Human Rights)
35

(b)
where a person will not be treated in a manner which is inconsistent
with his Convention rights (whether by removal from the State or
otherwise), and
(c)
from which a person will not be sent to another State otherwise than
in accordance with the Refugee Convention.
5
4
Section 77 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no
removal while claim for asylum pending) shall not prevent a person who
has made a claim for asylum from being removed—
(a)
from the United Kingdom, and
(b)
to a State to which this Part applies;
10

provided that the Secretary of State certifies that in his opinion the person is
not a national or citizen of the State.
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
15
(b)
in the Secretary of State’s opinion the person is not a national or
citizen of the State.
      (2)
The person may not bring an immigration appeal by virtue of section 92(2)
or (3) of that Act (appeal from within United Kingdom: general).
      (3)
The person may not bring an immigration appeal by virtue of section
20
92(4)(a) of that Act (appeal from within United Kingdom: asylum or human
rights) 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, or
25
(b)
a human rights claim in so far as it asserts that to remove the person
to a specified State to which this Part applies would, because of
circumstances of or relating to that State, be unlawful under section
6 of the Human Rights Act 1998.
      (4)
The person may not bring an immigration appeal by virtue of section
30
92(4)(a) of that Act in reliance on a human rights claim to which this sub-
paragraph applies if the Secretary of State certifies that the claim is clearly
unfounded.
      (5)
Sub-paragraph (4) applies to a human rights claim if, or in so far as, it asserts
a matter other than that specified in sub-paragraph (3)(b).
35
6
A person who is outside the United Kingdom may not bring an immigration
appeal on any ground that is inconsistent with treating a State to which this
Part applies 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
40
political opinion,
(b)
where a person will not be treated in a manner which is inconsistent
with his Convention rights (whether by removal from the State or
otherwise), and
(c)
from which a person will not be sent to another State otherwise than
45
in accordance with the Refugee Convention.

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 3 — Removal of Asylum Seeker to Safe Country
Part 3 — Second List of Safe Countries: Refugee Convention Only
36

Part 3
Second List of Safe Countries: Refugee Convention Only
7     (1)
This Part applies to such States as the Secretary of State may by order
specify.
      (2)
An order under this paragraph—
5
(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
10
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—
15
(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.
20
9
Section 77 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no
removal while claim for asylum pending) shall not prevent a person who
has made a claim for asylum from being removed—
(a)
from the United Kingdom, and
(b)
to a State to which this Part applies;
25

provided that the Secretary of State certifies that in his opinion the person is
not a national or citizen of the State.
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
30
(b)
in the Secretary of State’s opinion the person is not a national or
citizen of the State.
      (2)
The person may not bring an immigration appeal by virtue of section 92(2)
or (3) of that Act (appeal from within United Kingdom: general).
      (3)
The person may not bring an immigration appeal by virtue of section
35
92(4)(a) of that Act (appeal from within United Kingdom: asylum or human
rights) 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 by virtue of section
40
92(4)(a) of that Act in reliance on a human rights claim if the Secretary of
State certifies that the claim is clearly unfounded.
11
A person who is outside the United Kingdom may not bring an immigration
appeal on any ground that is inconsistent with treating a State to which this
Part applies as a place—
45

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 3 — Removal of Asylum Seeker to Safe Country
Part 5 — Amendment of Lists
37

(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.
5
Part 4
Countries Certified as Safe for Individuals
12
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,
10
(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
15
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.
13
Where this Part applies to a person section 77 of the Nationality,
Immigration and Asylum Act 2002 (c. 41) (no removal while claim for
20
asylum pending) shall not prevent his removal to the State specified under
paragraph 12.
14
Where this Part applies to a person—
(a)
he may not bring an immigration appeal by virtue of section 92(2) or
(3) of that Act (appeal from within United Kingdom: general),
25
(b)
he may not bring an immigration appeal by virtue of section 92(4)(a)
of that Act (appeal from within United Kingdom: asylum or human
rights) in reliance on an asylum claim which asserts that to remove
the person to the State specified under paragraph 12 would breach
the United Kingdom’s obligations under the Refugee Convention,
30
(c)
he may not bring an immigration appeal by virtue of section 92(4)(a)
of that Act in reliance on a human rights claim if the Secretary of State
certifies that the claim is clearly unfounded, and
(d)
he may not while outside the United Kingdom bring an immigration
appeal on any ground that is inconsistent with the opinion certified
35
under paragraph 12(c).
Part 5
Amendment of Lists
15    (1)
The Secretary of State may by order amend a list specified in paragraph 2 or
under paragraph 7 so as to—
40
(a)
add a State;
(b)
remove a State.
      (2)
An order under this paragraph—
(a)
may include transitional provision,

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 4 — Repeals
38

(b)
shall be made by statutory instrument, and
(c)
may not be made unless a draft has been laid before and approved
by resolution of each House of Parliament (but this paragraph is
subject to sub-paragraph (3)).
      (3)
If the Secretary of State is satisfied that it is necessary by reason of urgency
5
to make an order under this paragraph without complying with sub-
paragraph (2)(c)—
(a)
he may make the order without complying with that provision,
(b)
the preamble to the order must record that the Secretary of State is
satisfied that it is necessary to make the order without complying
10
with that provision,
(c)
the Secretary of State shall arrange for the order to be laid before
Parliament as soon as is reasonably practicable after being made, and
(d)
the order shall cease to have effect at the end of the period specified
in sub-paragraph (4) (but without prejudice to the validity of
15
anything previously done in reliance on the Order) unless during
that period the order is approved by resolution of each House of
Parliament.
      (4)
The period mentioned in sub-paragraph (3)(d) is the period of 40 days—
(a)
beginning with the day on which the requirement to lay the order
20
before Parliament is satisfied, and
(b)
calculated in accordance with section 7(1) of the Statutory
Instruments Act 1946 (c. 36) (disregard of adjournments, &c.).
Schedule 4
Section 25

Repeals
25

Short title and chapter
Extent of repeal

Immigration Act 1971 (c. 77)
In Schedule 2—

(a)
in paragraph 29(3), the words from “and

where an adjudicator dismisses” to the end,

and

30

(b)
paragraph 29(4).

House of Commons
In Part III of Schedule 1, the entry relating to

Disqualification Act 1975
immigration adjudicators.

(c. 24)

Northern Ireland Assembly
In Part III of Schedule 1, the entry relating to

35

Disqualification Act 1975
immigration adjudicators.

(c. 25)

British Nationality Act 1981
Section 40A(3) to (5).

(c. 61)

Tribunals and Inquiries Act
Section 7(3).

40

1992 (c. 53)

Asylum and Immigration
Section 9A.

Appeals Act 1993 (c. 23)

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 4 — Repeals
39

Short title and chapter
Extent of repeal

Immigration and Asylum Act
Sections 11 and 12.

1999 (c. 33)
In section 72(10), “adjudicator”.

Section 87(3)(f).

Nationality, Immigration and
Section 80.

5

Asylum Act 2002 (c. 41)
Section 87(4).

Section 93.

Sections 100 to 103.

Section 104(3).

In section 106—

10

(a)
in subsection (2)(e), “an adjudicator or”,

(b)
subsection (2)(j) and (k),

(c)
in subsections (2)(o), (p), (q), (r) and (s),

(3)(a), (d), (e) and (4), “an adjudicator or”.

Section 107(2).

15

Schedule 5.