Search Legislation

Illegal Migration Act 2023

Changes over time for: Section 59

 Help about opening options

Alternative versions:

Changes to legislation:

Illegal Migration Act 2023, Section 59 is up to date with all changes known to be in force on or before 11 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

59Inadmissibility of certain asylum and human rights claimsU.K.

This section has no associated Explanatory Notes

(1)Part 4A of the Nationality, Immigration and Asylum Act 2002 (inadmissible asylum claims) is amended as follows.

(2)In section 80A (asylum claims by EU nationals)—

(a)in subsection (1)—

(i)after “claim” insert “or a human rights claim”;

(ii)for “member State” substitute “State listed in section 80AA(1)”;

(b)in subsection (2), for “An asylum” substitute “A”;

(c)in subsection (3)—

(i)for “an asylum” substitute “a”;

(ii)after “82(1)(a)” insert “or (b)”;

(iii)after “protection claim” insert “or human rights claim”;

(d)in subsection (5)—

(i)in the words before paragraph (a), omit from “where” to “national”;

(ii)in paragraph (a), at the beginning insert “in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State”;

(iii)in paragraph (b), at the beginning insert “in a case where the claimant is a national of a member State, where that State”;

(e)in subsection (6)—

(i)after “this section” insert “and section 80AA”;

(ii)after “claim”,” insert ““human rights claim”,”;

(iii)at the appropriate place insert—

  • national” includes citizen;;

(f)for the heading, substitute “Claims by nationals of listed safe States”.

(3)After section 80A insert—

80AASafe States for the purposes of section 80A

(1)The States are—

(a)Albania,

(b)Austria,

(c)Belgium,

(d)Bulgaria,

(e)Republic of Croatia,

(f)Republic of Cyprus,

(g)Czech Republic,

(h)Denmark,

(i)Estonia,

(j)Finland,

(k)France,

(l)Germany,

(m)Greece,

(n)Hungary,

(o)Iceland,

(p)Republic of Ireland,

(q)Italy,

(r)Latvia,

(s)Principality of Liechtenstein,

(t)Lithuania,

(u)Luxembourg,

(v)Malta,

(w)Netherlands,

(x)Norway,

(y)Poland,

(z)Portugal,

(z1)Romania,

(z2)Slovak Republic,

(z3)Slovenia,

(z4)Spain,

(z5)Sweden,

(z6)Switzerland.

(2)The Secretary of State may by regulations amend the list in subsection (1) so as to add or remove a State.

(3)The Secretary of State may add a State to the list only if satisfied that—

(a)there is in general in that State no serious risk of persecution of nationals of that State, and

(b)removal to that State of nationals of that State will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

(4)In deciding whether the statements in subsection (3)(a) and (b) are true of a State, the Secretary of State—

(a)must have regard to all the circumstances of the State (including its laws and how they are applied), and

(b)must have regard to information from any appropriate source (including member States and international organisations).

(5)Regulations under this section—

(a)must be made by statutory instrument;

(b)may include transitional or saving provision.

(6)A statutory instrument containing—

(a)regulations which add a State to the list in subsection (1), or

(b)regulations which both add a State to, and remove a State from, that list,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7)A statutory instrument containing regulations under this section, other than one to which subsection (6) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In the heading to Part 4A, after “Asylum” insert “and Human Rights”.

Commencement Information

I1S. 59 not in force at Royal Assent, see s. 68(1)

I2S. 59 in force at 28.9.2023 for specified purposes by S.I. 2023/989, reg. 2(c)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources