Section 80A Asylum claims by EU nationalsClaims by nationals of listed safe StatesF1F14

The Secretary of State must declare an asylum claim F2or a human rights claim made by a person who is a national of a F3member State State listed in section 80AA(1) inadmissible.

F4An asylum A claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

A declaration under subsection (1) that F5an asylum a claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) F6or (b) (appeal against refusal of protection claim F7or human rights claim) arises.

Subsection (1) does not apply if there are exceptional circumstances as a result of which the Secretary of State considers that the claim ought to be considered.

For the purposes of subsection (4) exceptional circumstances include F8where the member State of which the claimant is a national—

In this section F11and section 80AA—

• “asylum claim”, F12“human rights claim”, “the Human Rights Convention” and “the Refugee Convention” have the meanings given by section 113;

• “immigration rules” means rules under section 3(2) of the Immigration Act 1971;

• F13“national” includes citizen;

• “the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 as it had effect immediately before IP completion day.