PART 4A

Inadmissible asylum and Human Rights claims

Asylum claims by persons with connection to safe third State
80B
1
The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.
2
Subject to subsection
(7)
, an asylum claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.
3
A declaration under subsection (1) that an asylum claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) (appeal against refusal of protection claim) arises.
4
For the purposes of this section, a State is a “
safe third State
” in relation to a claimant if—
a
the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion,
b
the State is one from which a person will not be sent to another State—
i
otherwise than in accordance with the Refugee Convention, or
ii
in contravention of their rights under Article 3 of the Human Rights Convention (freedom from torture or inhuman or degrading treatment), and
c
a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.
5
For the purposes of this section, a claimant has “a connection” to a safe third State if they meet any of conditions 1 to 5 set out in section 80C in relation to the State.
6
The fact that an asylum claim has been declared inadmissible under subsection (1) by virtue of the claimant’s connection to a particular safe third State does not prevent the Secretary of State from removing the claimant to any other safe third State.
7
An asylum claim that has been declared inadmissible under subsection (1) may nevertheless be considered under the immigration rules—
a
if the Secretary of State determines that there are exceptional circumstances in the particular case that mean the claim should be considered, or
b
in such other cases as may be provided for in the immigration rules.
8
In this section and section 80C—
a
“
asylum claim
”, “
Human Rights Convention
”, “
immigration rules
” and “
the Refugee Convention
” have the same meanings as in section 80A;
b
a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it.
Pt. 4A inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 15(1), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 14 (with Sch. 2 para. 4(3))
Ss. 80B, 80C inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 16, 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 15 (with Sch. 2 para. 4(3))
Words in Pt. 4A heading inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(4), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)