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The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 No. 745

PART 3Asylum

Chapter 1Amendment of primary legislation

Amendment of the Nationality, Immigration and Asylum Act 2002

50.—(1) The Nationality, Immigration and Asylum Act 2002(1) is amended as follows.

(2) In section 94 (appeal from within United Kingdom: unfounded human rights or protection claim), in subsection (5D), omit “other”.

(3) Omit section 94A (European Common List of Safe Countries of Origin).

Amendment of the Immigration Act 2014

51.  In Schedule 9 to the Immigration Act 2014 (transitional and consequential provision), omit paragraph 39.

Chapter 2Revocation of subordinate legislation

Revocation of the Displaced Persons (Temporary Protection) Regulations 2005

52.  The Displaced Persons (Temporary Protection) Regulations 2005(2) are revoked.

Revocation of the Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017

53.  The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017(3) are revoked.

Chapter 3Revocation of retained direct EU legislation

Revocation of retained direct EU legislation

54.  Part 2 of Schedule 1 has effect.

Chapter 4International Agreements

Revocation of rights etc.

55.—(1) Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a)continue to be recognised and available in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018, and

(b)are derived from one of the international agreements to which this regulation applies,

cease to be recognised and available in domestic law.

(2) This regulation applies to—

(a)the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities – Dublin Convention (97/C 254/01);

(b)the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway – declarations;

(c)the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland;

(d)the Agreement between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention;

(e)the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland;

(f)the Protocol between the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Community, and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland;

(g)the Protocol to the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Iceland or Norway.

(1)

2002 c. 41. Section 94(5D) was inserted by S.I. 2007/3187. Section 94A was inserted by S.I. 2007/3187 and amended by paragraph 39 of Schedule 9 to the Immigration Act 2014 (c.22) and by S.I. 2011/1043.

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