# Nationality and Borders Act 2022, Paragraph 1: Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002

Extent: E+W+S+N.I.

In section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending), after subsection (2) insert—
“(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).
(2B) A State falls within this subsection if—
(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,
(b) it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,
(c) it is a place—
(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
(ii) from which a person will not be sent to another State in contravention of the person’s Convention rights, and
(d) the person is not a national or citizen of the State.
(2C) For the purposes of this section—
(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—
(i) is to be presumed to be a State falling within subsection (2B)(a) and (b), and
(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);
(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);
(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;
(d) “State” includes any territory outside of the United Kingdom.”

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Source: https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/1 (the official version)
Page: https://openlegislation.uk/nationality-and-borders-act-2022/schedule-4/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.