The Asylum (Designated States) Order 2003

Explanatory Note

(This note is not part of the Order)

Section 94 (Appeal from within United Kingdom: unfounded human rights or asylum claim) and section 115 (Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) concern appeal rights for unfounded human rights or asylum claims.

Under section 94(1) of the 2002 Act, a person may not bring an appeal under section 82(1) of the 2002 Act where he has made an asylum claim or a human rights claim (or both) while in the United Kingdom if the Secretary of State certifies that the claim or claims is or are clearly unfounded. The Secretary of State shall issue a certificate under section 94(2) of the 2002 Act if he is satisfied that the asylum claimant or human rights claimant is entitled to reside in a State listed in section 94(4) of the 2002 Act unless he is satisfied that the claim is not clearly unfounded.

Under section 115(1) of the 2002 Act, a person may not bring a human rights or asylum appeal under section 65 or 69 of the Immigration and Asylum Act 1999 while in the United Kingdom if the Secretary of State certifies that the appeal relates to a human rights or asylum claim that is clearly unfounded and the person does not have another right of appeal while in the United Kingdom under Part IV of the Immigration and Asylum Act 1999. The Secretary of State shall issue a certificate under section 115(1) of the 2002 Act if he is satisfied that the person making the claim is entitled to reside in a State listed in section 115(7) of the 2002 Act unless he is satisfied that the claim is not clearly unfounded.

This Order adds the Republic of Albania, Serbia and Montenegro, Jamaica, Macedonia, the Republic of Moldova and Romania to the list of States in sections 94(4) and 115(7) of the 2002 Act.