Inadmissibility of certain asylum and human rights claims

I1I259Inadmissibility of certain asylum and human rights claims

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”.