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 2 — First List of Safe Countries (Refugee Convention and Human Rights)

36

(a)

Austria,

(b)

Belgium,

(c)

Republic of Cyprus,

(d)

Czech Republic,

(e)

Denmark,

5

(f)

Estonia,

(g)

Finland,

(h)

France,

(i)

Germany,

(j)

Greece,

10

(k)

Hungary,

(l)

Iceland,

(m)

Ireland,

(n)

Italy,

(o)

Latvia,

15

(p)

Lithuania,

(q)

Luxembourg,

(r)

Malta,

(s)

Netherlands,

(t)

Norway,

20

(u)

Poland,

(v)

Portugal,

(w)

Slovak Republic,

(x)

Slovenia,

(y)

Spain, and

25

(z)

Sweden.

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

30

(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

35

political opinion,

(b)

from which a person will not be sent to another State in

contravention of his Convention rights, and

(c)

from which a person will not be sent to another State otherwise than

in accordance with the Refugee Convention.

40

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;

45



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—

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 and Human Rights(2))

37

(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)

The person may not bring an immigration appeal by virtue of section 92(2)

5

or (3) of that Act (appeal from within United Kingdom: general).

      (3)

The person 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—

(a)

an asylum claim which asserts that to remove the person to a

10

specified State to which this Part applies would breach the United

Kingdom’s obligations under the Refugee Convention, or

(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 be unlawful

under section 6 of the Human Rights Act 1998 because of the

15

possibility of removal from that State to another State.

      (4)

The person may not bring an immigration appeal by virtue of section

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; and the Secretary of State shall certify a human rights claim to

20

which this sub-paragraph applies unless satisfied that the claim is not 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).

6

A person who is outside the United Kingdom may not bring an immigration

25

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

political opinion,

30

(b)

from which a person will not be sent to another State in

contravention of his Convention rights, and

(c)

from which a person will not be sent to another State otherwise than

in accordance with the Refugee Convention.

Part 3

35

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

40

(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—

45

(a)

from the United Kingdom, and

(b)

to a State of which he is not a national or citizen.

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 3 — Removal of Asylum Seeker to Safe Country
Part 4 — Third List of Safe Countries: Refugee Convention Only

38

      (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

5

(b)

from which a person will not be sent to another State otherwise than

in accordance with the Refugee Convention.

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—

10

(a)

from the United Kingdom, and

(b)

to a State to which this Part applies;



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—

15

(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)

The person may not bring an immigration appeal by virtue of section 92(2)

20

or (3) of that Act (appeal from within United Kingdom: general).

      (3)

The person 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 a specified State to which this Part applies would breach the

25

United Kingdom’s obligations under the Refugee Convention.

      (4)

The person 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 the Secretary of State

shall certify a human rights claim where this paragraph applies unless

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satisfied that the claim is not 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—

(a)

where a person’s life and liberty are not threatened by reason of his

35

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.

Part 4

40

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

45

(b)

shall not be made unless a draft has been laid before and approved

by resolution of each House of Parliament.

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 3 — Removal of Asylum Seeker to Safe Country
Part 5 — Countries Certified as Safe for Individuals

39

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.

5

      (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

10

(b)

from which a person will not be sent to another State otherwise than

in accordance with the Refugee Convention.

14

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—

15

(a)

from the United Kingdom, and

(b)

to a State to which this Part applies;



provided that the Secretary of State certifies that in his opinion the person is

not a national or citizen of the State.

15    (1)

This paragraph applies where the Secretary of State certifies that—

20

(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)

The person may not bring an immigration appeal by virtue of section 92(2)

25

or (3) of that Act (appeal from within United Kingdom: general).

      (3)

The person 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 a specified State to which this Part applies would breach the

30

United Kingdom’s obligations under the Refugee Convention.

      (4)

The person 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.

16

A person who is outside the United Kingdom may not bring an immigration

35

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

political opinion, and

40

(b)

from which a person will not be sent to another State otherwise than

in accordance with the Refugee Convention.

Part 5

Countries Certified as Safe for Individuals

17

This Part applies to a person who has made an asylum claim if the Secretary

45

of State certifies that—

(a)

it is proposed to remove the person to a specified State,

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 3 — Removal of Asylum Seeker to Safe Country
Part 6 — Amendment of Lists

40

(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

5

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

Where this Part applies to a person section 77 of the Nationality,

Immigration and Asylum Act 2002 (c. 41) (no removal while claim for

10

asylum pending) shall not prevent his removal to the State specified under

paragraph 12.

19

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),

15

(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,

20

(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

25

under paragraph 12(c).

Part 6

Amendment of Lists

20    (1)

The Secretary of State may by order add a State to the list specified in

paragraph 2.

30

      (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) or (2)(a)—

(a)

shall be made by statutory instrument,

35

(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(2)(b)—

(a)

shall be made by statutory instrument,

40

(b)

shall be subject to annulment in pursuance of a resolution of either

House of Parliament, and

(c)

may include transitional provision.

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

41

Schedule 4

Section 26

Repeals

Short title and chapter

Extent of repeal

Immigration Act 1971 (c. 77)

In Schedule 2—

(a)

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

5

where an adjudicator dismisses” to the

end, and

(b)

paragraph 29(4).

House of Commons

In Part III of Schedule 1, the entry relating to

Disqualification Act 1975

immigration adjudicators.

10

(c. 24)

Northern Ireland Assembly

In Part III of Schedule 1, the entry relating to

Disqualification Act 1975

immigration adjudicators.

(c. 25)

British Nationality Act 1981

Section 40A(3) to (5).

15

(c. 61)

Tribunals and Inquiries Act

Section 7(3).

1992 (c. 53)

Asylum and Immigration

Section 9A.

Appeals Act 1993 (c. 23)

20

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.

Asylum Act 2002 (c. 41)

Section 87(4).

25

Section 93.

Section 94(4)(a) to (j).

Sections 100 to 103.

Section 104(3).

In section 106—

30

(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”.

35

Section 107(2).

Schedule 5.