Section 80AA — Nationality, Immigration and Asylum Act 2002: Safe States for the purposes of section 80A

Safe States for the purposes of section 80A 80AA 1 The States are—

a Albania, b Austria, c Belgium, d Bulgaria, e Republic of Croatia, f Republic of Cyprus, g Czech Republic, h Denmark, i Estonia, j Finland, k France, ka Georgia, l Germany, m Greece, n Hungary, o Iceland, oa India, p Republic of Ireland, q Italy, r Latvia, s Principality of Liechtenstein, t Lithuania, u Luxembourg, v Malta, w Netherlands, x Norway, y Poland, z Portugal, z1 Romania, z2 Slovak Republic, z3 Slovenia, z4 Spain, z5 Sweden, z6 Switzerland.

2 The Secretary of State may by regulations amend the list in subsection (1) so as to add or remove a State.

3 The Secretary of State may add a State to the list only if satisfied that—

a there is in general in that State no serious risk of persecution of nationals of that State, and b removal to that State of nationals of that State will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

4 In deciding whether the statements in subsection (3)(a) and (b) are true of a State, the Secretary of State—

a must have regard to all the circumstances of the State (including its laws and how they are applied),

and b must have regard to information from any appropriate source (including member States and international organisations).

5 Regulations under this section—

a must be made by statutory instrument;

b may include transitional or saving provision.

6 A statutory instrument containing—

a regulations which add a State to the list in subsection (1), or b regulations which both add a State to, and remove a State from, that list, may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

7 A statutory instrument containing regulations under this section, other than one to which subsection (6) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.