SCHEDULES
F23SCHEDULE 1New Schedule 4 to the Nationality, Immigration and Asylum Act 2002
F23
F23Schedule 4The Asylum and Immigration Tribunal
F23Membership
F231
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F234
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23Presidency
F235
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23Proceedings
F236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F237
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F238
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23Staff
F239
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23Money
F2310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1Consequential Amendments
Immigration Act 1971 (c. 77)
I391
1
Schedule 2 to the Immigration Act 1971 (control on entry) shall be amended as follows.
F22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In paragraph 24(3) for “An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above” substitute “
Where a person is brought before the Asylum and Immigration Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff
”
.
4
In paragraph 29—
F15a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in sub-paragraph (3)—
F33i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
for “that or any other adjudicator” substitute “
the Tribunal
”
,
iii
omit the words from “and where an adjudicator dismisses” to the end,
c
omit sub-paragraph (4), and
d
in sub-paragraph (6)—
F19i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
for “the adjudicator or Tribunal” substitute “
the Tribunal
”
, and
iii
for “the adjudicator or the Tribunal” substitute “
the Tribunal
”
.
5
In paragraphs 30, 31, 32 and 33—
a
for “an adjudicator and the Tribunal” substitute “
the Tribunal
”
,
b
for “an adjudicator or the Tribunal” substitute “
the Tribunal
”
,
c
for “the adjudicator or the Tribunal, as the case may be” substitute “
the Tribunal
”
,
d
for “the adjudicator or Tribunal” substitute “
the Tribunal
”
,
e
for “the adjudicator or the Tribunal” substitute “
the Tribunal
”
,
f
for “an adjudicator or Tribunal” substitute “
the Tribunal
”
, and
g
for “before an adjudicator or before the Tribunal” substitute “
before the Tribunal
”
.
6
In paragraph 33—
a
in sub-paragraph (2)(a) for “before an adjudicator” substitute “
before the Tribunal
”
,
b
in sub-paragraph (2)(b) for “before that adjudicator or before the Tribunal, as the case may be” substitute “
before it
”
, and
c
in sub-paragraph (3) for “An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above” substitute “
Where a person is brought before the Asylum and Immigration Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff
”
.
House of Commons Disqualification Act 1975 (c. 24)
I342
1
Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows.
F342
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In Part III omit the entry relating to immigration adjudicators.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
I383
1
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) shall be amended as follows.
F62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In Part III omit the entry relating to immigration adjudicators.
British Nationality Act 1981 (c. 61)
I184
In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeal)—
F7a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
for subsections (3) to (5) substitute—
3
The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall apply in relation to an appeal under this section as they apply in relation to an appeal under section 82 or 83 of that Act—
a
section 87 (successful appeal: direction) (for which purpose a direction may, in particular, provide for an order under section 40 above to be treated as having had no effect),
b
sections 103A to 103E (review and appeal),
c
section 106 (rules), and
d
section 107 (practice directions).
c
omit subsections (6) to (8).
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))
I325
1
For paragraph 6A of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Part II of that Order) substitute—
6A
Proceedings before the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission.
2
The amendment made by sub-paragraph (1) is without prejudice to any power to amend or revoke the provision inserted by that sub-paragraph.
Courts and Legal Services Act 1990 (c. 41)
F406
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tribunals and Inquiries Act 1992 (c. 53)
I367
1
The Tribunals and Inquiries Act 1992 shall be amended as follows.
2
In section 7 (dismissal) omit subsection (3).
F563
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial Pensions and Retirement Act 1993 (c. 8)
F368
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Asylum and Immigration Appeals Act 1993 (c. 23)
I159
Section 9A of the Asylum and Immigration Appeals Act 1993 (bail) shall cease to have effect.
Special Immigration Appeals Commission Act 1997 (c. 68)
I910
The Special Immigration Appeals Commission Act 1997 shall be amended as follows.
I111
At the end of section 2B (deprivation of citizenship) insert “
(and section 40A(3)(a) shall have effect in relation to appeals under this section).
”
I2612
1
In Schedule 1 (constitution, &c.) for paragraph 5(b) substitute—
b
at least one is or has been a legally qualified member of the Asylum and Immigration Tribunal.
2
A person is qualified for the purposes of paragraph 5(b) of that Schedule as it has effect after the commencement of sub-paragraph (1) above if he is qualified for the purposes of paragraph 5(b) as it had effect at any time since its commencement.
I513
1
Schedule 3 (bail) shall be amended as follows.
2
In paragraph 1(2) for “ “adjudicator”” substitute
Tribunal
F203
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F204
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F205
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F206
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F207
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F208
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
In paragraph 6(2)(a) for “ “an adjudicator or the Tribunal”” substitute
the Tribunal
11
In paragraph 6(2)(b) for “ “the adjudicator or the Tribunal, as the case may be,”” substitute
the Tribunal
12
In paragraph 6(2)(c) for “ “the adjudicator or Tribunal”” substitute
the Tribunal
13
In paragraph 6(3)(a) for “ “an adjudicator or the Tribunal”” substitute
the Tribunal
14
In paragraph 6(3)(b) for “ “the adjudicator or Tribunal”” substitute
the Tribunal
15
In paragraph 7(a) for “ “an adjudicator or the Tribunal”” substitute
the Tribunal
16
In paragraph 7(b) for “ “the adjudicator or Tribunal”” substitute
the Tribunal
17
In paragraph 7(c) for “ “the adjudicator or the Tribunal”” substitute
the Tribunal
Access to Justice Act 1999 (c. 22)
F3714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Immigration and Asylum Act 1999 (c. 33)
F1115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nationality, Immigration and Asylum Act 2002 (c. 41)
I2016
The Nationality, Immigration and Asylum Act 2002 shall be amended as follows.
I217
In section 72(10)(serious criminal) omit “adjudicator,”.
I1318
1
In the provisions listed in sub-paragraph (2)—
a
for “an adjudicator” substitute “
the Tribunal
”
,
b
for “the adjudicator” substitute “
the Tribunal
”
,
c
for “he” in relation to an adjudicator substitute “
it
”
,
d
for “him” in relation to an adjudicator substitute “
it
”
, and
e
for “his” in relation to an adjudicator substitute “
its
”
.
2
The provisions are—
a
section 85 (matters to be considered),
b
section 86 (determination of appeal), and
F43c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18I3319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1220
In section 104 (pending appeal)—
F22a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
omit subsection (3)(remittal to adjudicator).
F2121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3722
1
In section 107 (practice directions)—
F45a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
omit subsection (2), and
F48c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I723
In section 108 (forged document: proceedings in private)—
a
in subsection (1)(a) for “, 83 or 101” substitute “
or 83
”
, and
b
in subsection (2) for “The adjudicator or the Immigration Appeal Tribunal” substitute “
The Tribunal
”
.
F424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
I1425
1
For paragraph 2(i) of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services) substitute—
i
proceedings before the Asylum and Immigration Tribunal or the Special Immigration Appeals Commission,
2
The amendment made by sub-paragraph (1) is without prejudice to any power to amend or revoke the provision inserted by that sub-paragraph.
Part 2Transitional Provision
I2226
In this Part “commencement” means the coming into force of section 26.
I1627
A person who immediately before commencement is, or is to be treated as, an adjudicator appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals) (as it has effect before commencement) shall be treated as having been appointed as a member of the Asylum and Immigration Tribunal under paragraph 1 of Schedule 4 to that Act (as it has effect after commencement) immediately after commencement.
I328
Where immediately before commencement a person is a member of the Immigration Appeal Tribunal—
a
he shall be treated as having been appointed as a member of the Asylum and Immigration Tribunal under paragraph 1 of Schedule 4 to that Act immediately after commencement, and
b
if he was a legally qualified member of the Immigration Appeal Tribunal (within the meaning of Schedule 5 to that Act) he shall be treated as having been appointed as a legally qualified member of the Asylum and Immigration Tribunal.
I1129
A person who immediately before commencement is a member of staff of adjudicators appointed or treated as appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) or of the Immigration Appeal Tribunal shall be treated as having been appointed as a member of the staff of the Asylum and Immigration Tribunal under paragraph 9 of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 immediately after commencement.
F4930
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3Removal of Asylum Seeker to Safe Country
Part 1Introductory
I271
1
In this Schedule—
“asylum claim” means a claim by a person that to remove him from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention,
“Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 (c. 42) (whether or not in relation to a State that is a party to the Convention),
“human rights claim” means a claim by a person that to remove him from or require him to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention) as being incompatible with his Convention rights,
“immigration appeal” means an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal against immigration decision),
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
F9“State” includes any territory outside of the United Kingdom.
2
In this Schedule 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.
F143
Section 92 of the Nationality, Immigration and Asylum Act 2002 makes further provision about the place from which an appeal relating to an asylum or human rights claim may be brought or continued.
Part 2First List of Safe Countries (Refugee Convention and Human Rights (1))
I302
This Part applies to—
a
Austria,
b
Belgium,
F30ba
Bulgaria,
F13bb
Republic of Croatia,
c
Republic of Cyprus,
d
Czech Republic,
e
Denmark,
f
Estonia,
g
Finland,
h
France,
i
Germany,
j
Greece,
k
Hungary,
l
Iceland,
m
Ireland,
n
Italy,
o
Latvia,
F50oa
Principality of Liechtenstein,
p
Lithuania,
q
Luxembourg,
r
Malta,
s
Netherlands,
t
Norway,
u
Poland,
v
Portugal,
F25va
Romania,
w
Slovak Republic,
x
Slovenia,
y
Spain, F27...
z
Sweden,
F12z1
Switzerland.
I43
1
This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim or a human rights claim F55(the “claimant”) may be removed—
a
from the United Kingdom, and
b
to a State of which he is not a national or citizen.
F531A
Unless the contrary is shown by the claimant to be the case in their particular circumstances, a State to which this Part applies is to be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
a
to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and
b
from which a person will not be sent to another State in contravention of their Convention rights.
2
A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
a
where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion,
F42b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
c
from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.
F584
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I255
1
This paragraph applies where the Secretary of State certifies that—
a
it is proposed to remove a person to a State to which this Part applies, and
b
in the Secretary of State’s opinion the person is not a national or citizen of the State.
F262
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The person may not bring an immigration appeal F52... in reliance on—
a
an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention, F28...
F28b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F35
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F326
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 3Second List of Safe Countries (Refugee Convention and Human Rights (2))
I177
1
This Part applies to such States as the Secretary of State may by order specify.
2
An order under this paragraph—
a
shall be made by statutory instrument, and
b
shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
I88
1
This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed—
a
from the United Kingdom, and
b
to a State of which he is not a national or citizen.
2
A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
a
where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
b
from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.
F609
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1910
1
This paragraph applies where the Secretary of State certifies that—
a
it is proposed to remove a person to a State to which this Part applies, and
b
in the Secretary of State’s opinion the person is not a national or citizen of the State.
F102
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The person may not bring an immigration appeal F1... in reliance on an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention.
4
The person may not bring an immigration appeal F39... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim where this paragraph applies unless satisfied that the claim is not clearly unfounded.
F2911
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4Third List of Safe Countries (Refugee Convention Only)
I3112
1
This Part applies to such States as the Secretary of State may by order specify.
2
An order under this paragraph—
a
shall be made by statutory instrument, and
b
shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
I1013
1
This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed—
a
from the United Kingdom, and
b
to a State of which he is not a national or citizen.
2
A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
a
where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
b
from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.
F6114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2115
1
This paragraph applies where the Secretary of State certifies that—
a
it is proposed to remove a person to a State to which this Part applies, and
b
in the Secretary of State’s opinion the person is not a national or citizen of the State.
F172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The person may not bring an immigration appeal F16... in reliance on an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention.
4
The person may not bring an immigration appeal F54... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded.
F2416
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 5Countries Certified as Safe for Individuals
I3517
This Part applies to a person who has made an asylum claim if the Secretary of State certifies that—
a
it is proposed to remove the person to a specified State,
b
in the Secretary of State’s opinion the person is not a national or citizen of the specified State, and
c
in the Secretary of State’s opinion the specified State is a place—
i
where the person’s life and liberty will not be threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
ii
from which the person will not be sent to another State otherwise than in accordance with the Refugee Convention.
F5918
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2319
Where this Part applies to a person—
F35a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
he may not bring an immigration appeal F8... in reliance on an asylum claim which asserts that to remove the person to the State specified under paragraph 17 would breach the United Kingdom’s obligations under the Refugee Convention,
c
he may not bring an immigration appeal F5... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded, and
F41d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 6Amendment of Lists
I2920
1
The Secretary of State may by order
b
remove a State from that list.
2
The Secretary of State may by order —
a
add a State to a list specified under paragraph 7 or 12, or
b
remove a State from a list specified under paragraph 7 or 12.
I621
1
An order under paragraph F3820(1)(a) or (2)(a)—
a
shall be made by statutory instrument,
b
shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and
c
may include transitional provision.
2
An order under paragraph F4720(1)(b) or (2)(b)—
a
shall be made by statutory instrument,
b
shall be subject to annulment in pursuance of a resolution of either House of Parliament, and
c
may include transitional provision.
I28I24SCHEDULE 4Repeals
Sch. 4 in force at 1.10.2004 for specified purposes by S.I. 2004/2523, art. 2, Sch.
Sch. 4 in force at 14.6.2007 by S.I. 2007/1602, art. 2(2) (with art. 2(3))
Short title and chapter | Extent of repeal |
|---|---|
Immigration Act 1971 (c. 77) | In Schedule 2—
|
House of Commons Disqualification Act 1975 (c. 24) | In Part III of Schedule 1, the entry relating to immigration adjudicators. |
Northern Ireland Assembly Disqualification Act 1975 (c. 25) | In Part III of Schedule 1, the entry relating to immigration adjudicators. |
British Nationality Act 1981 (c. 61) | Section 40A(6) to (8). |
Tribunals and Inquiries Act 1992 (c. 53) | Section 7(3). |
Asylum and Immigration Appeals Act 1993 (c. 23) | Section 9A. |
Asylum and Immigration Act 1996 (c. 49) | Section 8(9). |
Immigration and Asylum Act 1999 (c. 33) | Sections 11 and 12. In section 72(10), “adjudicator”. In section 85(1), “and (b)”. Section 87(3)(f). Section 123. In Schedule 6, in paragraph 1(1), “or (b)”. |
State Pension Credit Act 2002 (c. 16) | In Schedule 2, paragraph 42. |
Tax Credits Act 2002 (c. 21) | In Schedule 4, paragraph 22. |
Nationality, Immigration and Asylum Act 2002 (c. 41) | Section 52. Section 80. Section 87(4). Section 93. Section 94(4)(a) to (j). Sections 100 to 103. Section 104(3). In section 106—
Section 107(2). Schedule 5. |
State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) | In Schedule 2, paragraph 31. |
Sch. 1 repealed (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 3 (with Sch. 4)