§ '.—(1) Subsection (2) applies if the Secretary of State intends to remove a person who has made a claim for asylum ("the claimant") from the United Kingdom to—
- (a) a member State, or a territory which forms part of a member State, otherwise than under standing arrangements; or
- (b) a country other than a member State which is designated by order made by the Secretary of State for the purposes of this section.
§ (2) Nothing in section 6 of the Immigration and Asylum Appeals Act 1993 (protection of claimants from deportation etc.) prevents the claimant's removal if—
- (a) the Secretary of State has certified that, in his opinion, the conditions set out in subsection (6) are fulfilled;
- (b) the certificate has not been set aside on an appeal under section 51; and
- (c) the time for giving notice of such an appeal has expired and no such appeal is pending.
§ (3) Subsection (4) applies if the Secretary of State intends to remove a person who has made a claim for asylum ("the claimant") from the United Kingdom to a country which is not—
- (a) a member State; or
- (b) a country designated under subsection (1)(b).
§ (4) Nothing in section 6 of the Immigration and Asylum Appeals Act 1993 (protection of claimants from deportation etc.) prevents the claimant's removal if—
- (a) the Secretary of State has certified that, in his opinion, the conditions set out in subsection (6) are fulfilled;
- (b) the certificate has not been set aside on an appeal under section 51 or 57; and
- (c) the time for giving notice of such an appeal has expired and no such appeal is pending.
§ (5) For the purposes of subsections (2)(c) and (4)(c), an appeal under section 51 is not to be regarded as pending if the Secretary of State has issued a certificate under section 58(2)(a) in relation to the allegation on which it is founded.
§ (6) The conditions are that—
- (a) he is not a national or citizen of the country to which he is to be sent;
- (b) his life and liberty would not be threatened there by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and
- (c) the government of that country would not send him to another country otherwise than in accordance with the Refugee Convention.
§ (5) "Standing arrangements" has the same meaning as in section (Removal of asylum claimants under standing arrangements with member States).'.—[Mr. Straw.]
§ Brought up, read the First and Second time, and added to the Bill.