# Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004, Paragraph 5

Extent: E+W+S+N.I.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/ukpga/2004/19/schedule/3/paragraph/5 (the official version)
Page: https://openlegislation.uk/asylum-and-immigration-treatment-of-claimants-etc-act-2004/schedule-3/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.