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.