Asylum: Presumption of Unfounded Claim (Hansard, 15 December 2003)

§ Baroness Scotland of Asthal

Section 94 of the Nationality, Immigration and Asylum Act 2002 deals with unfounded asylum or human rights claims. It lists certain states, and provides that if the Secretary of State is satisfied that an asylum claimant or human rights claimant is entitled to reside in one of the listed states, he shall certify the claim as clearly unfounded, with the result that the applicant may not lodge an appeal within the United Kingdom against the refusal of the asylum or human rights application.

Under the Act, the Secretary of State may add by affirmative order additional states or parts of states to the list of countries to which the non-suspensive appeal provisions described above apply. He may do so provided that he is satisfied that there is in general no serious risk of persecution of persons entitled to reside in those states and that removal to those states of persons entitled to reside there will not in general contravene the United Kingdom's obligations under the European Convention on Human Rights.

102WA

The decision to designate any particular country under section 94 of the Act is taken on the basis of the legal test described above, with consideration taken of the published country information as well as factors such as the asylum grant rate and the outcome of appeals. Taking these factors into account, and following debate in both Houses of Parliament, Jamaica was added to the list of designated states with effect from 1 April 2003.