Section 80C — Nationality, Immigration and Asylum Act 2002: Meaning of “connection” to a safe third State

Meaning of “connection” to a safe third State 80C 1 Condition 1 is that the claimant—

a has been recognised as a refugee in the safe third State, and b remains able to access protection in accordance with the Refugee Convention in that State.

2 Condition 2 is that the claimant—

a has otherwise been granted protection in a safe third State as a result of which the claimant would not be sent from the safe third State 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, and b remains able to access that protection in that State.

3 Condition 3 is that the claimant has made a relevant claim to the safe third State and the claim—

a has not yet been determined, or b has been refused.

4 Condition 4 is that—

a the claimant was previously present in, and eligible to make a relevant claim to, the safe third State, b it would have been reasonable to expect them to make such a claim, and c they failed to do so.

5 Condition 5 is that, in the claimant’s particular circumstances, it would have been reasonable to expect them to have made a relevant claim to the safe third State (instead of making a claim in the United Kingdom).

6 For the purposes of this section, a “relevant claim” to a safe third State is a claim—

a to be recognised as a refugee in the State for the purposes of the Refugee Convention, or b for protection in the State of the kind mentioned in subsection (2)(a).

7 For the purposes of this section “ claimant ” and “ safe third State ” have the same meanings as in section 80B; and see subsection (8) of that section.