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Asylum (Designated States) (No. 2) Order 2003

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2003, ISBN 0110466438

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 112(4)(b) of the Nationality, Immigration and Asylum Act 2002, for approval by resolution of each House of Parliament.

IMMIGRATION

Made

Coming into force in accordance with article 1

Whereas a draft of this Order has been laid before and approved by resolution of each House of Parliament;

And whereas the Secretary of State is satisfied that there is in general in the States listed in article 2 no serious risk of persecution of persons entitled to reside in those States and that removal to those States of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention;

Now, therefore, in exercise of the powers conferred on him by section 94(5) of the Nationality, Immigration and Asylum Act 2002f1, the Secretary of State hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2002 c. 41.

Contents

  1. 1Citation and commencement
  2. 2Designated States
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Asylum (Designated States) (No. 2) Order 2003 and shall come into force on the day after it is made, but shall not apply in relation to an asylum claim or human rights claim made prior to the commencement of this Order.

2Designated States

The States listed below shall be added to the list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002f1:

“(r)

Bangladesh,

(s)

Bolivia,

(t)

Brazil,

(u)

Ecuador,

(v)

Sri Lanka,

(w)

South Africa, and

(x)

Ukraine.”.

Signature

Minister of State

Home Office

2003

Explanatory note

(This note is not part of the Order)

Section 94 (Appeal from within United Kingdom: unfounded human rights or asylum claim) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) concerns appeal rights for unfounded human rights or asylum claims.

Under section 94(2) of the 2002 Act, a person may not bring an appeal under section 82(1) of the 2002 Act while in the United Kingdom where he has made an asylum claim or a human rights claim (or both) if the Secretary of State certifies that the claim or claims is or are clearly unfounded. The Secretary of State shall issue a certificate under section 94(2) of the 2002 Act if he is satisfied that the asylum claimant or human rights claimant is entitled to reside in a State listed in section 94(4) of the 2002 Act unless he is satisfied that the claim is not clearly unfounded.

This Order adds the countries listed in article 2 to the list of States in section 94(4) of the 2002 Act.