Section 77 — Nationality, Immigration and Asylum Act 2002: No removal while claim for asylum pending

No removal while claim for asylum pending 77 1 While a person’s claim for asylum is pending he may not be—

a removed from the United Kingdom in accordance with a provision of the Immigration Acts, or b required to leave the United Kingdom in accordance with a provision of the Immigration Acts.

2 In this section—

a “ claim for asylum ” means a claim by a person that it would be contrary to the United Kingdom’s obligations under the Refugee Convention to remove him from or require him to leave the United Kingdom, and b a person’s claim is pending until he is given notice of the Secretary of State’s decision on it. 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.

3 In this section, “ Convention rights ” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 (whether or not in relation to a State that is a party to the Convention); and “ the Refugee Convention ” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.

4 Nothing in this section shall prevent any of the following while a claim for asylum is pending—

a the giving of a direction for the claimant’s removal from the United Kingdom, b the making of a deportation order in respect of the claimant, or c the taking of any other interim or preparatory action.

5 Section 15 of the Immigration and Asylum Act 1999 (c. 33) (protection from removal or deportation) shall cease to have effect.