Paragraph 5 Rebuttable presumption of safety of specified countries in relation to Convention rightsI1
United Kingdom
Paragraph 3 (presumptions of safety) is amended as follows.
In sub-paragraph (1), in the opening words, after “human rights claim” insert “(the “claimant”)”.
After sub-paragraph (1) insert—
“(1A)Unless the contrary is shown by the claimant to be the case in their particular circumstances, a State to which this Part applies is to be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
(a)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
(b)from which a person will not be sent to another State in contravention of their Convention rights.”
In sub-paragraph (2), omit paragraph (b) (but not the final “and”).
Annotations
Commencement
- I1
Sch. 4 para. 5 in force at 28.6.2022, see s. 87(5)(b)