The Asylum (Procedures) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations together with amendments to the Immigration Rules (HC 395) in part implement Council Directive 2005/85/EC of 1st December 2005 on minimum standards on procedures in member States for granting and withdrawing refugee status (OJ L326 13.12.2005 p 13) (“the Directive”). Many parts of the Directive do not require implementation as consistent provision is already made in existing domestic legislation.

Regulation 3 amends section 94 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) to provide that, in deciding whether a State or part of a State meets the test in section 94(5), the Secretary of State shall have regard to all the circumstances in the State or part and shall have regard to information from any appropriate source. Article 30 of the Directive refers. Section 94(5) of the 2002 Act states that if the Secretary of State is satisfied that there is in general no serious risk of persecution of people entitled to reside in a State or part and that removal to that State or part will not in general contravene the United Kingdom’s obligations under the European Convention on Human Rights, he may by order add that State or part to the list in section 94(4). The effect of inclusion on that list is that the Secretary of State must then certify as clearly unfounded an asylum or human rights claim from a person entitled to reside in that State or part, meaning that the claimant may not appeal from within the United Kingdom.

Regulation 4 inserts a new section 94A into the 2002 Act, which allows the Secretary of State by order to prescribe a list of States to be known as the European Common List of Safe Countries of Origin. Articles 29 and 31 of the Directive refer. Article 29 provides that the Council shall adopt a minimum common list of third countries which shall be regarded by member States as safe third countries of origin in accordance with Annex 2. That Article also makes provision for countries to be added to, removed from or suspended from the list. Regulation 4 sets out that where a person who is a national of a State which is listed in the European Common List of Safe Countries of Origin or is a Stateless person who was formerly habitually resident in such a State makes an asylum claim or a human rights claim (or both) the Secretary of State shall consider the claim or claims to be unfounded unless satisfied that there are serious grounds for considering that the State in question is not safe in the particular circumstances of the claimant. The Regulation also provides that the Secretary of State shall certify the claim or claims under section 94 of the 2002 Act unless satisfied that the claim or claims is or are not clearly unfounded.

Regulation 5(1) and (2) provides that where a person who has made an asylum claim or a human rights claim (or both) appeals to the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission against the refusal of that claim or those claims, and where he is entitled to the services of an interpreter for the purposes of bringing his appeal, the Secretary of State shall meet the costs of providing the interpreter. The circumstances in which such a person is entitled to the services of an interpreter in bringing his appeal will be set out in the Asylum and Immigration Tribunal (Procedure) Rules 2005 (S.I. 2005/230) and the Special Immigration Appeals Commission (Procedure) Rules 2003 (S.I. 2003/1034).

Regulation 5(3) to (6) provides that where a person who has made an asylum or a human rights claim (or both) is party to an appeal against a decision of the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission in relation to that claim or those claims or makes a judicial review application in relation to that claim or those claims, he shall be entitled to the services of an interpreter for the purposes of that appeal or application. Where a person is so entitled to the services of an interpreter, the Secretary of State shall meet the costs of providing the interpreter.

Regulation 6 amends the Immigration (Notices) Regulations 2003 to provide that a written notice to a person of a decision that he is no longer a refugee under Regulation 4(2A) of those Regulations must include or be accompanied by a statement of reasons for that decision. Article 38 of the Directive refers.