Part IImmigration: General

Removal from the United Kingdom

12Removal of asylum claimants in other circumstances

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.