Section 80B — Nationality, Immigration and Asylum Act 2002: Asylum claims by persons with connection to safe third State

Asylum claims by persons with connection to safe third State 80B 1 The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.

2 Subject to subsection (7) , an asylum claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

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

4 For the purposes of this section, a State is a “ safe third State ” in relation to a claimant if—

a the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion, b the State is one from which a person will not be sent to another State—

i otherwise than in accordance with the Refugee Convention, or ii in contravention of their rights under Article 3 of the Human Rights Convention (freedom from torture or inhuman or degrading treatment),

and c a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.

5 For the purposes of this section, a claimant has “a connection” to a safe third State if they meet any of conditions 1 to 5 set out in section 80C in relation to the State.

6 The fact that an asylum claim has been declared inadmissible under subsection (1) by virtue of the claimant’s connection to a particular safe third State does not prevent the Secretary of State from removing the claimant to any other safe third State.

7 An asylum claim that has been declared inadmissible under subsection (1) may nevertheless be considered under the immigration rules—

a if the Secretary of State determines that there are exceptional circumstances in the particular case that mean the claim should be considered, or b in such other cases as may be provided for in the immigration rules.

8 In this section and section 80C—

a “ asylum claim ”, “ Human Rights Convention ”, “ immigration rules ” and “ the Refugee Convention ” have the same meanings as in section 80A;

b 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.