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Immigration and Asylum Act 1999

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This is the original version (as it was originally enacted).

12Removal of asylum claimants in other circumstances

This section has no associated Explanatory Notes

(1)Subsection (2) applies if the Secretary of State intends to remove a person who has made a claim for asylum (“the claimant”) from the United Kingdom to—

(a)a member State, or a territory which forms part of a member State, otherwise than under standing arrangements; or

(b)a country other than a member State which is designated by order made by the Secretary of State for the purposes of this section.

(2)Nothing in section 15 prevents the claimant’s removal if—

(a)the Secretary of State has certified that, in his opinion, the conditions set out in subsection (7) are fulfilled;

(b)the certificate has not been set aside on an appeal under section 65.

(3)Unless a certificate has been issued under section 72(2)(a) in relation to a person, he is not to be removed from the United Kingdom—

(a)if he has an appeal under section 65 against the decision to remove him in accordance with subsection (2) pending; or

(b)before the time for giving notice of such an appeal has expired.

(4)Subsection (5) applies if the Secretary of State intends to remove a person who has made a claim for asylum (“the claimant”) from the United Kingdom to a country which is not—

(a)a member State; or

(b)a country designated under subsection (1)(b).

(5)Nothing in section 15 prevents the claimant’s removal if—

(a)the Secretary of State has certified that, in his opinion, the conditions set out in subsection (7) are fulfilled;

(b)the certificate has not been set aside on an appeal under section 65 or 71; and

(c)the time for giving notice of such an appeal has expired and no such appeal is pending.

(6)For the purposes of subsection (5)(c), an appeal under section 65 is not to be regarded as pending if the Secretary of State has issued a certificate under section 72(2)(a) in relation to the allegation on which it is founded.

(7)The conditions are that—

(a)he is not a national or citizen of the country to which he is to be sent;

(b)his life and liberty would not be threatened there by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and

(c)the government of that country would not send him to another country otherwise than in accordance with the Refugee Convention.

(8)“Standing arrangements” has the same meaning as in section 11.

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