Paragraph 3 I1

(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 F1(the “claimant”) may be removed—

(a)

from the United Kingdom, and

(b)

to a State of which he is not a national or citizen.

F2(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,

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c)

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

Annotations

Textual amendments

F1: 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)
F2: 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)
F3: 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)

Commencement

I1: Sch. 3 para. 3 in force at 1.10.2004 by S.I. 2004/2523, art. 2, Sch.