The Asylum (Designated Countries of Destination and Designated Safe Third Countries) Order 1996

Statutory Instruments

1996 No. 2671

IMMIGRATION

The Asylum (Designated Countries of Destination and Designated Safe Third Countries) Order 1996

Made

19th October 1996

Coming into force

20th October 1996

Whereas a draft of this Order has been approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by paragraph 5(2) of Schedule 2 to the Asylum and Immigration Appeals Act 1993(1) and by section 2(3) of the Asylum and Immigration Act 1996(2), hereby makes the following Order:

1.  This Order may be cited as the Asylum (Designated Countries of Destination and Designated Safe Third Countries) Order 1996 and shall come into force on the day after the day on which it is made.

2.  The following countries are designated as ones in which it appears to the Secretary of State that there is in general no serious risk of persecution:

• Bulgaria

• Cyprus

• Ghana

• India

• Pakistan

• Poland

• Romania.

3.  The following countries are designated for the purpose of section 3(2) of the Asylum and Immigration Act 1996 (person who has been, or is to be, sent to such a country not entitled to bring or pursue an appeal so long as he is in the United Kingdom):

• Canada

• Norway

• Switzerland

• United States of America.

Ann Widdecombe

Minister of State

Home Office

19th October 1996

Explanatory Note

(This note is not part of the Order)

Under paragraph 5 of Schedule 2 to the Asylum and Immigration Appeals Act 1993 (as substituted by the Asylum and Immigration Act 1996), an accelerated appeal procedure applies to an asylum-seeker whose claim is rejected and is to be sent to a country or territory designated by the Secretary of State as one in which it appears to him that there is in general no serious risk of persecution. This, the first designation Order, specifies Bulgaria, Cyprus, Ghana, India, Pakistan, Poland and Romania as such countries.

Under section 3 of the Asylum and Immigration Act 1996 an asylum-seeker who may be returned to a safe third country without substantive consideration of his claim may not bring or pursue an appeal while he is in the United Kingdom if the country or territory to which he has been, or is to be, sent is or forms part of a Member State of the European Union or is designated for the purpose by the Secretary of State. This Order also designates Canada, Norway, Switzerland and the United States of America for that purpose. It is the first designation Order under section 2 of the Asylum and Immigration Act 1996.

(1)

1993 c. 23. Paragraph 5 is substituted by the Asylum and Immigration Act 1996.

(2)

1996 c. 49.