New Clause 14 — Appeal from within United Kingdom: unfounded human rights or asylum claim

Part of Orders of the Day — Nationality, Immigration and Asylum Bill — [1st Allotted Day] – in the House of Commons at 7:40 pm on 11 June 2002.

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'(1) This section applies to an appeal under section 66(1) against an immigration decision on an application which is made wholly or partly on either or both of the grounds specified in section 77(4)(a) and (b).

(2) A person who is in the United Kingdom may not bring an appeal to which this section applies in reliance on section 77(4) if the Secretary of State certifies that the application mentioned in subsection (1) above is clearly unfounded in so far as made on the grounds specified in section 77(4)(a) or (b) (or both).

(3) A person who is in the United Kingdom may not bring an appeal to which this section applies in reliance on section 77(4) if the Secretary of State certifies that—

(a) it is proposed to remove the person to a country of which he is not a national or citizen, and

(b) there is no reason to believe that the person's rights under the Human Rights Convention will be breached in that country.

(4) In determining whether a person in relation to whom a certificate has been issued under subsection (3) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—

(a) a place where a person's life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and

(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.

(5) Where a person in relation to whom a certificate is issued under this section subsequently brings an appeal under section 66(1) while outside the United Kingdom, the appeal shall be considered as if he had not been removed from the United Kingdom.'.—[Mr. Blunkett.]

Brought up, and read the First time.

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Secretary of State

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