Paragraph 38 I1

(1)

Section 94 (appeal from within the United Kingdom) is amended as follows.

(2)

In the heading, for “asylum” substitute “ protection ”.

(3)

For subsections (1) to (2) substitute—

“(1)
The Secretary of State may certify a protection claim or human rights claim as clearly unfounded.”

(4)

In subsection (3)—

(a)

for “an asylum claimant or human rights” substitute “ a ”;

(b)

for “subsection (2)” substitute “ subsection (1) ”.

(5)

In subsection (6A) for “an asylum claimant or human rights” substitute “ a ”.

(6)

In subsection (7), for the words from the beginning to “certifies that” substitute “ The Secretary of State may certify a protection claim or human rights claim made by a person if ”.

(7)

In subsection (8)(b), at the end insert “ or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection ”.

(8)

Omit subsection (9).

Annotations

Commencement

I1: Sch. 9 para. 38 in force at 20.10.2014 by S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Notes on Schedule 9

Modifications

C1: Sch. 9 extended in part (with modifications) to Jersey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2015 (S.I. 2015/1532), arts. 1(1), 2(2), Sch. 2 (with art. 2(3))
C2: Sch. 9 extended (with modifications) to Guernsey (coming into force in accordance with art. 1 of the amending S.I.) by The Immigration (Guernsey) Order 2015 (S.I. 2015/1533), arts. 1, 5, Sch. 2 (with art. 6)