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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

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10(1)This paragraph applies where the Secretary of State certifies that—

(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) 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 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 satisfied that the claim is not clearly unfounded.

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