Illegal Migration Act 2023

59 Inadmissibility 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—

“80AA Safe 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”.