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The Asylum (Procedures) Regulations 2007

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This is the original version (as it was originally made).

European Common List of Safe Countries of Origin

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4.  After section 94 of the 2002 Act, insert –

“94A    European Common List of Safe Countries of Origin

(1) The Secretary of State shall by order prescribe a list of States to be known as the “European Common List of Safe Countries of Origin”.

(2) Subsections (3) and (4) apply where a person makes an asylum claim or a human rights claim (or both) and that person is –

(a)a national of a State which is listed in the European Common List of Safe Countries of Origin, or

(b)a Stateless person who was formerly habitually resident in such a State.

(3) The Secretary of State shall consider the claim or claims mentioned in subsection (2) to be unfounded unless satisfied that there are serious grounds for considering that the State in question is not safe in the particular circumstances of the person mentioned in that subsection.

(4) The Secretary of State shall also certify the claim or claims mentioned in subsection (2) under section 94(2) unless satisfied that the claim or claims is or are not clearly unfounded.

(5) An order under subsection (1) –

(a)may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom’s obligations under Community law,

(b)may include transitional, consequential or incidental provision,

(c)shall be made by statutory instrument, and

(d)shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

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