OpenLegislation

Paragraph 19 Part 5 – immigration appealsI1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Section 94 of the 2002 Actf1 is modified as follows.

(2)

For the heading to section 94 substitute “Appeal from within Isle of Man: unfounded human rights claim”.

(3)

In subsection (1), for the words from “an asylum claim” to the end substitute “a human rights claim.”.

(4)

In subsections (1A) and (2)—

(a)

for “Secretary of State” substitute “Governor”;

(b)

for the words from “the claim or claims” to the end substitute “the claim mentioned in subsection (1) above is clearly unfounded.”.

(5)

For subsections (3) and (4) substitute—

“(3)

If the Governor is satisfied that a human rights claimant is entitled to reside in a State specified in an order under subsection (4), he shall certify the claim under subsection (2) unless satisfied that it is not clearly unfounded.

(4)

The Governor may by order specify a State for the purpose of subsection (3) if he is satisfied that—

(a)

there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and

(b)

removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.”.

(6)

Omit subsections (5) and (6).

(7)

In subsection (6A)—

(a)

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

(b)

omit paragraphs (a) to (c).

(8)

In subsection (6B)—

(a)

for “United Kingdom” substitute “Isle of Man”;

(b)

for “Secretary of State” substitute “Governor”.

(9)

In subsection (7), for “Secretary of State” substitute “Governor”.

(10)

In subsections (8) and (9), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

Annotations

Commencement

I1

Sch. 7 para. 19 in force at 13.3.2008 for specified purposes and at 1.5.2008 in so far as not already in force, see art. 1(2)

Footnotes

f1

Section 94 was amended by section 27(1) to (4) and (7) of and Schedule 4 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19).