Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004

(92B) (1) A person commits an offence if— (a) he offers to provide immigration advice or immigration services, and (b) provision by him of the advice or services would constitute an offence under section 91. (2) For the purpose of subsection (1) a person offers to provide advice or services if he— (a) makes an offer to a particular person or class of person, (b) makes arrangements for an advertisement in which he offers to provide advice or services, or (c) makes arrangements for an advertisement in which he is described or presented as competent to provide advice or services. (3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (4) Subsections (3) to (7) of section 91 shall have effect for the purposes of this section as they have effect for the purposes of that section. (5) An information relating to an offence under this section may in England and Wales be tried by a magistrates' court if— (a) it is laid within the period of six months beginning with the date (or first date) on which the offence is alleged to have been committed, or (b) it is laid— (i) within the period of two years beginning with that date, and (ii) within the period of six months beginning with a date certified by the Immigration Services Commissioner as the date on which the commission of the offence came to his notice. (6) In Scotland, proceedings for an offence under this section may be commenced— (a) at any time within the period of six months beginning with the date (or first date) on which the offence is alleged to have been committed, or (b) at any time within both— (i) the period of two years beginning with that date, and (ii) the period of six months beginning with a date specified, in a certificate signed by or on behalf of the procurator fiscal, as the date on which evidence sufficient in his opinion to warrant such proceedings came to his knowledge, and any such certificate purporting to be so signed shall be deemed so signed unless the contrary is proved and be conclusive as to the facts stated in it. (7) Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (date on which proceedings are deemed commenced) has effect to the purposes of subsection (6) as it has effect for the purposes of that section. (8) A complaint charging the commission of an offence under this section may in Northern Ireland be heard and determined by a magistrates' court if— (a) it is made within the period of six months beginning with the date (or first date) on which the offence is alleged to have been committed, or (b) it is made— (i) within the period of two years beginning with that date, and (ii) within the period of six months beginning with a date certified by the Immigration Services Commissioner as the date on which the commission of the offence came to his notice.

Appeal to Immigration Services Tribunal

40

Section 87(3)(f) of the Immigration and Asylum Act 1999 (c. 33) (appeal to Tribunal against deferral of decision) shall cease to have effect.

Professional bodies

41

• (1) Section 86 of the Immigration and Asylum Act 1999 (designated professional bodies) shall be amended as follows.

• (2) For subsection (2) substitute—

(2) The Secretary of State may by order remove a body from the list in subsection (1) if he considers that the body— (a) has failed to provide effective regulation of its members in their provision of immigration advice or immigration services, or (b) has failed to comply with a request of the Commissioner for the provision of information (whether general or in relation to a particular case or matter).

• (3) For subsection (9)(b) substitute—

(b) report to the Secretary of State if the Commissioner considers that a designated professional body— (i) is failing to provide effective regulation of its members in their provision of immigration advice or immigration services, or (ii) has failed to comply with a request of the Commissioner for the provision of information (whether general or in relation to a particular case or matter).

• (4) After subsection (9) insert—

(9A) A designated professional body shall comply with a request of the Commissioner for the provision of information (whether general or in relation to a specified case or matter).

• (5) In section 166(2) of the Immigration and Asylum Act 1999 (c. 33) (regulations and orders) after “in relation to” insert “ orders made under section 90(1), ”.

• (6) For paragraph 21(2) of Schedule 5 to the Immigration and Asylum Act 1999 (Commissioner: annual report) substitute—

(2) The report must, in particular, set out the Commissioner’s opinion as to the extent to which each designated professional body has— (a) provided effective regulation of its members in their provision of immigration advice or immigration services, and (b) complied with requests of the Commissioner for the provision of information.

Fees

Amount of fees

42

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) An Order in Council under section 1 of the Consular Fees Act 1980 (c. 23) (fees) which prescribes a fee in relation to an application for the issue of a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 (right of abode: certificate of entitlement) may prescribe an amount which is intended to—

• (a) exceed the administrative costs of determining the application, and

• (b) reflect benefits that in the opinion of Her Majesty in Council are likely to accrue to the applicant if the application is successful.

• (3A) The amount of a fee under section 1 of the Consular Fees Act 1980 in respect of a matter specified in subsection (3B) may be set so as to reflect costs referable to the exercise of any function in respect of which the Secretary of State has made an order under section 68 of the Immigration Act 2014.

• (3B) The matters are—

• (a) the determination of applications for entry clearances (within the meaning given by section 33(1) of the Immigration Act 1971),

• (b) the determination of applications for transit visas under section 41 of the Immigration and Asylum Act 1999, or

• (c) the determination of applications for certificates of entitlement to the right of abode in the United Kingdom under section 10 of the Nationality, Immigration and Asylum Act 2002.

• (4) Where an instrument prescribes a fee in reliance on this section it may include provision for the refund, where an application is unsuccessful or a process is not completed, of that part of the fee which is intended to reflect the matters specified in subsection ... (3)(b).

• (5) Provision included by virtue of subsection (4)—

• (a) may determine, or provide for the determination of, the amount to be refunded;

• (b) may confer a discretion on the Secretary of State or another person (whether in relation to determining the amount of a refund or in relation to determining whether a refund should be made).

• (6) An instrument may not be made in reliance on this section unless the Secretary of State has consulted with such persons as appear to him to be appropriate.

• (7) An instrument may not be made in reliance on this section unless a draft has been laid before and approved by resolution of each House of Parliament ....

• (8) This section is without prejudice to the power to make an order under section 102 of the Finance ( No. 2) Act 1987 (c. 51) (government fees and charges) in relation to a power under a provision specified in this section.

Transfer of leave stamps

43

• (1) Section 5 of the Immigration and Asylum Act 1999 (c. 33) (charges) shall be amended as follows.

• (2) For subsection (1)(c) (transfer of indefinite leave stamp to new document) substitute—

(c) the fixing of a limited leave stamp or indefinite leave stamp on a passport or other document issued to the applicant where the stamp was previously fixed on another passport or document issued to the applicant.

• (3) For subsection (5) substitute—

(5) In this section— (a) “limited leave stamp” means a stamp, sticker or other attachment which indicates that a person has been granted limited leave to enter or remain in the United Kingdom, and (b) “indefinite leave stamp” means a stamp, sticker or other attachment which indicates that a person has been granted indefinite leave to enter or remain in the United Kingdom.

General

Interpretation: “the Immigration Acts”

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation: immigration officer

45

In this Act “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

Money

46

There shall be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown in connection with this Act, and

• (b) any increase attributable to this Act in the sums payable under any other enactment out of money provided by Parliament.

Repeals

47

The enactments listed in Schedule 4 are hereby repealed to the extent specified.

Commencement

48

• (1) Sections 2, 32(2) and 35 shall come into force at the end of the period of two months beginning with the date on which this Act is passed.

• (2) Section 32(1) shall have effect in relation to determinations of the Special Immigration Appeals Commission made after the end of the period of two months beginning with the date on which this Act is passed.

• (3) The other preceding provisions of this Act shall come into force in accordance with provision made—

• (a) in the case of section 26 or Schedule 1 or 2, by order of the Lord Chancellor,

• (b) in the case of sections 4 and 5 in so far as they extend to Scotland, by order of the Scottish Ministers, and

• (c) in any other case, by order of the Secretary of State.

• (4) An order under subsection (3)—

• (a) may make transitional or incidental provision,

• (b) may make different provision for different purposes, and

• (c) shall be made by statutory instrument.

• (5) Transitional provision under subsection (4)(a) in relation to the commencement of section 26 may, in particular, make provision in relation to proceedings which, immediately before commencement—

• (a) are awaiting determination by an adjudicator appointed, or treated as if appointed, under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41),

• (b) are awaiting determination by the Immigration Appeal Tribunal,

• (c) having been determined by an adjudicator could be brought before the Immigration Appeal Tribunal,

• (d) are awaiting the determination of a further appeal brought in accordance with section 103 of that Act,

• (e) having been determined by the Immigration Appeal Tribunal could be brought before another court by way of further appeal under that section,

• (f) are or could be made the subject of an application under section 101 of that Act (review of decision on permission to appeal to Tribunal), or

• (g) are or could be made the subject of another kind of application to the High Court or the Court of Session.

• (6) Provision made under subsection (5) may, in particular—

• (a) provide for the institution or continuance of an appeal of a kind not generally available after the commencement of section 26,

• (b) provide for the termination of proceedings, or

• (c) make any other provision that the Lord Chancellor thinks appropriate.

Extent

49

• (1) This Act extends (subject to subsection (2)) to—

• (a) England and Wales,

• (b) Scotland, and

• (c) Northern Ireland.

• (2) An amendment effected by this Act has the same extent as the enactment, or as the relevant part of the enactment, amended (ignoring extent by virtue of an Order in Council).

• (3) Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—

• (a) any of the Channel Islands;

• (b) the Isle of Man.

Short title

50

This Act may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

SCHEDULE 1

SCHEDULE 2

Part 1 — Consequential Amendments

Immigration Act 1971 (c. 77)

1

• (1) Schedule 2 to the Immigration Act 1971 (control on entry) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in sub-paragraph (3)—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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)—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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)

2

• (1) Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In Part III omit the entry relating to immigration adjudicators.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

3

• (1) Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In Part III omit the entry relating to immigration adjudicators.

British Nationality Act 1981 (c. 61)

4

In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeal)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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).

, and

• (c) omit subsections (6) to (8).

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

5

• (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)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunals and Inquiries Act 1992 (c. 53)

7

• (1) The Tribunals and Inquiries Act 1992 shall be amended as follows.

• (2) In section 7 (dismissal) omit subsection (3).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Judicial Pensions and Retirement Act 1993 (c. 8)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Asylum and Immigration Appeals Act 1993 (c. 23)

9

Section 9A of the Asylum and Immigration Appeals Act 1993 (bail) shall cease to have effect.

Special Immigration Appeals Commission Act 1997 (c. 68)

10

The Special Immigration Appeals Commission Act 1997 shall be amended as follows.

11

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). ”

12

• (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.

13

• (1) Schedule 3 (bail) shall be amended as follows.

• (2) In paragraph 1(2) for “ “adjudicator”” substitute

Tribunal

.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Immigration and Asylum Act 1999 (c. 33)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nationality, Immigration and Asylum Act 2002 (c. 41)

16

The Nationality, Immigration and Asylum Act 2002 shall be amended as follows.

17

In section 72(10)(serious criminal) omit “adjudicator,”.

18

• (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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

In section 104 (pending appeal)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) omit subsection (3)(remittal to adjudicator).

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

• (1) In section 107 (practice directions)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) omit subsection (2), and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

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 ”.

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

25

• (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 2 — Transitional Provision

26

In this Part “commencement” means the coming into force of section 26.

27

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.

28

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.

29

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.

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Part 1 — Introductory

1

• (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

• “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.

• (3) 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 2 — First List of Safe Countries (Refugee Convention and Human Rights (1))

2

This Part applies to—

• (a) Austria,

• (b) Belgium,

• (ba) Bulgaria,

• (bb) 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,

• (oa) Principality of Liechtenstein,

• (p) Lithuania,

• (q) Luxembourg,

• (r) Malta,

• (s) Netherlands,

• (t) Norway,

• (u) Poland,

• (v) Portugal,

• (va) Romania,

• (w) Slovak Republic,

• (x) Slovenia,

• (y) Spain, ...

• (z) Sweden,

• (z1) Switzerland.

3

• (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 (the “claimant”) may be removed—

• (a) from the United Kingdom, and

• (b) to a State of which he is not a national or citizen.

• (1A) 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,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

• (c) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

• (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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The person may not bring an immigration appeal ... 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, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The person may not bring an immigration appeal ... 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 ... unless satisfied that the claim is not clearly unfounded.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Second List of Safe Countries (Refugee Convention and Human Rights (2))

7

• (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.

8

• (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.

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

• (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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The person may not bring an immigration appeal ... 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 ... 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.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Third List of Safe Countries (Refugee Convention Only)

12

• (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.

13

• (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.

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

• (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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The person may not bring an immigration appeal ... 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 ... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 — Countries Certified as Safe for Individuals

17

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.

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

Where this Part applies to a person—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) he may not bring an immigration appeal ... 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 ... in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded, and

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 6 — Amendment of Lists

20

• (1) The Secretary of State may by order

• (a) add a State to the list specified in paragraph 2 , or

• (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.

21

• (1) An order under paragraph 20(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 20(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.

SCHEDULE 4

Assisting unlawful immigration

Entering United Kingdom without passport, &c.

Immigration documents: forgery

Employment

Failed asylum seekers: accommodation

Failed asylum seekers: accommodation

Advice of Director of Public Prosecutions

Suspected international terrorist: bail

Fingerprinting

Control of entry

Northern Ireland

Unfounded human rights or asylum claim

Application for permission under section 19(3)(b), 21(3)(b) or 23(3)(b)

Immigration Services Commissioner: power of entry

Appeal from within United Kingdom

Earlier right of appeal

Electronic monitoring

Immigration Services Commissioner: power of entry

Advice of Director of Public Prosecutions

Offence of advertising services

Professional bodies

Amount of fees

Immigration Act 1971 (c. 77)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

British Nationality Act 1981 (c. 61)

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

Courts and Legal Services Act 1990 (c. 41)

Tribunals and Inquiries Act 1992 (c. 53)

Judicial Pensions and Retirement Act 1993 (c. 8)

Asylum and Immigration Appeals Act 1993 (c. 23)

Special Immigration Appeals Commission Act 1997 (c. 68)

Access to Justice Act 1999 (c. 22)

Immigration and Asylum Act 1999 (c. 33)

Nationality, Immigration and Asylum Act 2002 (c. 41)

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

Editorial notes