xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 3U.K.Removal of Asylum Seeker to Safe Country

Part 2U.K.First List of Safe Countries (Refugee Convention and Human Rights (1))

2U.K.This Part applies to—

(a)Austria,

(b)Belgium,

[F1(ba)Bulgaria,]

[F2(bb)Republic of Croatia,]

(c)Republic of Cyprus,

(d)Czech Republic,

(e)Denmark,

(f)Estonia,

(g)Finland,

(h)France,

(i)Germany,

(j)Greece,

(k)Hungary,

(l)Iceland,

(m)Ireland,

(n)Italy,

(o)Latvia,

[F3(oa)Principality of Liechtenstein,]

(p)Lithuania,

(q)Luxembourg,

(r)Malta,

(s)Netherlands,

(t)Norway,

(u)Poland,

(v)Portugal,

[F4(va)Romania,]

(w)Slovak Republic,

(x)Slovenia,

(y)Spain, F5...

(z)Sweden,

[F6(z1)Switzerland.]

Textual Amendments

F1Sch. 3 para. 2(ba) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by Asylum (First List of Safe Countries) (Amendment) Order 2006 (S.I. 2006/3393), arts. 1(2), 2(2)

F4Sch. 3 para. 2(va) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by Asylum (First List of Safe Countries) (Amendment) Order 2006 (S.I. 2006/3393), arts. 1(2), 2(3)

F5Word in Sch. 3 para. 2(y) deleted (with application in accordance with art. 1(3)(a) of the amending S.I.) by virtue of The Asylum (First List of Safe Countries) (Amendment) Order 2010 (S.I. 2010/2802), arts. 1(2), 2(a) (with art. 1(3)(b))

F6Sch. 3 para. 2(z1) inserted (with application in accordance with art. 1(3)(a) of the amending S.I.) by The Asylum (First List of Safe Countries) (Amendment) Order 2010 (S.I. 2010/2802), arts. 1(2), 2(b) (with art. 1(3)(b))

Commencement Information

I1Sch. 3 para. 2 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

3(1)This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim or a human rights claim [F7(the “claimant”)] may be removed—U.K.

(a)from the United Kingdom, and

(b)to a State of which he is not a national or citizen.

[F8(1A)Unless the contrary is shown by the claimant to be the case in their particular circumstances, a State to which this Part applies is to be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—

(a)to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and

(b)from which a person will not be sent to another State in contravention of their Convention rights.]

(2)A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—

(a)where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion,

F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c)from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

F104U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5(1)This paragraph applies where the Secretary of State certifies that—U.K.

(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.

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The person may not bring an immigration appeal F12... in reliance on—

(a)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, F13...

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The person may not bring an immigration appeal F14... in reliance on a human rights claim F15... if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim F15... unless satisfied that the claim is not clearly unfounded.

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 3 para. 5(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 56(3)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I3Sch. 3 para. 5 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.

F176U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments