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Section 94 of the Nationality, Immigration and Asylum Act 2002 (appeal from within the United Kingdom: unfounded human rights or asylum claim) concerns appeal rights for unfounded human rights and asylum claims.
Under section 94(2), a person may not bring an appeal under section 82(1) while in the United Kingdom where he has made a human rights or asylum claim, or both, and the Secretary of State certifies that the claim is, or the claims are, clearly unfounded. The Secretary of State shall issue a certificate under section 94(2) if he is satisfied that the claimant is entitled to reside in a State listed in section 94(4), unless he is satisfied that the claim is not clearly unfounded.
Section 94(5) allows the Secretary of State to add a State, or part of a State, to the list in section 94(4) if he is satisfied that; (a) there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and (b) removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention. Section 94(5A) states that if the Secretary of State is satisfied that the statements in section 94(5)(a) and (b) are true of a State or part of a State in relation to a description of person, he may add the State or part to the list in section 94(4) in respect of that description of person.
This Order adds Bosnia-Herzegovina, Mauritius, Montenegro, Peru and Serbia to the list in section 94(4). This Order also adds Gambia, Kenya, Liberia, Malawi, Mali and Sierra Leone, in respect of men, to that list.
Section 94(6) allows the Secretary of State to amend the list in section 94(4) so as to omit a State or part added under subsection (5).
This Order amends the list in section 94(4) by omitting the reference to Serbia and Montenegro. This follows on from the dissolution of the old State union between Serbia and Montenegro in 2006. Serbia, as the successor State to the old State union, has remained designated since the dissolution of the old State union (albeit that it has continued to be referred to in section 94(4) as “Serbia and Montenegro”). However, given that Montenegro is now being added to the list, to avoid confusion the reference to “Serbia and Montenegro” is being omitted and replaced with a reference to “Serbia”.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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