{
  "url": "https://openlegislation.uk/asylum-and-immigration-treatment-of-claimants-etc-act-2004/schedule-3/paragraph-3",
  "json_url": "https://openlegislation.uk/asylum-and-immigration-treatment-of-claimants-etc-act-2004/schedule-3/paragraph-3.json",
  "legislation": "ukpga/2004/19",
  "legislation_title": "Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004",
  "legislation_url": "https://openlegislation.uk/asylum-and-immigration-treatment-of-claimants-etc-act-2004",
  "path": "schedule/3/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(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—\n(a) from the United Kingdom, and\n(b) to a State of which he is not a national or citizen.\n(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—\n(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\n(b) from which a person will not be sent to another State in contravention of their Convention rights.\n(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—\n(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,\n(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and\n(c) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 3 para. 3(1) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 5(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 3 para. 3(1A) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 5(3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Sch. 3 para. 3(2)(b) omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 5(4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 3 para. 3 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch."
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "ukpga/2023/37",
      "affecting_title": "Illegal Migration Act 2023"
    },
    {
      "type": "inserted",
      "affecting": "ukpga/2023/37",
      "affecting_title": "Illegal Migration Act 2023"
    },
    {
      "type": "inserted",
      "affecting": "ukpga/2023/37",
      "affecting_title": "Illegal Migration Act 2023"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/19/schedule/3/paragraph/3",
    "retrieved_at": "2026-10-29T09:17:07.336323+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}