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New Clause 1 - Asylum and human rights claims: definition

Part of Immigration, Asylum and Nationality Bill – in a Public Bill Committee at 1:00 pm on 27th October 2005.

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‘(1)Section 113(1) of the Nationality, Immigration and Asylum Act 2002 (appeals: interpretation) shall be amended as follows.

(2)For the definition of “asylum claim” substitute—

““asylum claim”—

(a)means a claim made by a person that to remove him from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention, but

(b)does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules,”.

(3)For the definition of “human rights claim” substitute—

““human rights claim”—

(c)means a claim made by a person that to remove him from or require him to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention) as being incompatible with his Convention rights, but

(d)does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules,”.”.—[Mr. McNulty.]