# Nationality and Borders Act 2022, Paragraph 5: Rebuttable presumption of safety of specified countries in relation to Convention rights

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

(1) Paragraph 3 (presumptions of safety) is amended as follows.
(2) In sub-paragraph (1), in the opening words, after “human rights claim” insert “(the “claimant”)”.
(3) 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.”
(4) In sub-paragraph (2), omit paragraph (b) (but not the final “and”).

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Source: https://www.legislation.gov.uk/ukpga/2022/36/schedule/4/paragraph/5 (the official version)
Page: https://openlegislation.uk/nationality-and-borders-act-2022/schedule-4/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.