OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order replaces the Asylum (Designated Countries of Destination and Designated Safe Third Countries) Order 1996 (S.I. 1996/2671) (“the 1996 Order”) insofar as the 1996 Order was concerned with designated safe third countries. The 1996 Order was made under paragraph 5(2) of Schedule 2 to the Asylum and Immigration Appeals Act 1993 and under section 2(3) of the Asylum and Immigration Act 1996 (“the 1996 Act”). Both these provisions were repealed by the Immigration and Asylum Act 1999 (“the 1999 Act”), but the relevant part of section 2(3) of the 1996 Act was replaced by section 12(1)(b) of the 1999 Act. This Order is made under section 12(1)(b) of the 1999 Act.

The countries designated in this Order are Canada, Norway, Switzerland and the United States of America. Where an asylum claimant has been removed or is to be removed to one of these countries or to a Member State of the European Union, section 72(2) of the 1999 Act limits the person’s right of appeal while in the United Kingdom.