{
  "url": "https://openlegislation.uk/nationality-and-borders-act-2022/schedule-4/paragraph-1",
  "json_url": "https://openlegislation.uk/nationality-and-borders-act-2022/schedule-4/paragraph-1.json",
  "legislation": "ukpga/2022/36",
  "legislation_title": "Nationality and Borders Act 2022",
  "legislation_url": "https://openlegislation.uk/nationality-and-borders-act-2022",
  "path": "schedule/4/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002",
  "text": "In section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending), after subsection (2) insert—\n“(2A) This section does not prevent a person being removed to, or being required to leave to go to, a State falling within subsection (2B).\n(2B) A State falls within this subsection if—\n(a) it is a place where a person’s life and liberty are not threatened by reason of the person’s race, religion, nationality, membership of a particular social group or political opinion,\n(b) it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,\n(c) it is a place—\n(i) to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and\n(ii) from which a person will not be sent to another State in contravention of the person’s Convention rights, and\n(d) the person is not a national or citizen of the State.\n(2C) For the purposes of this section—\n(a) any State to which Part 2 or 3 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 for the time being applies—\n(i) is to be presumed to be a State falling within subsection (2B)(a) and (b), and\n(ii) is, unless the contrary is shown by a person to be the case in their particular circumstances, to be presumed to be a State falling within subsection (2B)(c)(i) and (ii);\n(b) any State to which Part 4 of that Schedule for the time being applies is to be presumed to be a State falling within subsection (2B)(a) and (b);\n(c) a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it;\n(d) “State” includes any territory outside of the United Kingdom.”",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4 para. 1 not in force at Royal Assent, see s. 87(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 4 para. 1 in force at 28.6.2022 by S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 17 (with Sch. 2 para. 4(4))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/1",
    "retrieved_at": "2026-10-29T08:56:14.870435+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}