PART 2Asylum

Appeals

I128Claims certified as clearly unfounded: removal of right of appeal

1

The Nationality, Immigration and Asylum Act 2002 is amended in accordance with subsections (2) and (3).

2

In section 92 (place from which an appeal may be brought or continued)—

a

in each of subsections (2)(a) and (3)(a), for “94(1) or (7) (claim clearly unfounded or removal to a safe third country)” substitute “94(7) (removal to a safe country)”;

b

in each of subsections (6) and (8), for “94(1) or (7)” substitute “94(7)”.

3

In section 94 (appeal from within the United Kingdom: unfounded human rights or protection claim)—

a

after subsection (3) insert—

3A

A person may not bring an appeal under section 82 against a decision if the claim to which the decision relates has been certified under subsection (1).

b

in subsection (4), for “Those States” substitute “The States”;

c

for the heading substitute “Certification of human rights or protection claims as unfounded or removal to safe country”.

4

The amendments made by this section do not apply in relation to a protection claim or human rights claim that was certified by the Secretary of State under section 94(1) before the coming into force of this section.