- Statutory Instrument 2005 No. 3306
The Asylum (Designated States) (No. 2) Order 2005
© Crown Copyright 2005
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Asylum (Designated States) (No. 2) Order 2005, ISBN 0110737067. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 1st December 2005 | ||
| Coming into force | 2nd December 2005 |
The Secretary of State is satisfied that there is in general in the States to be added to section 94(4) of the Nationality, Immigration and Asylum Act 2002[1] by article 2 of this Order no serious risk of persecution of persons or men, as relevant, entitled to reside in those States and that removal to those States of persons or men, as relevant, entitled to reside there will not in general contravene the United Kingdom's obligations under the Human Rights Convention;
Therefore, the Secretary of State makes the following Order in exercise of the powers conferred on him by section 94(5) and (5A) of that Act[2];
In accordance with section 112(4)(b) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1. This Order may be cited as the Asylum (Designated States) (No. 2) Order 2005 and shall come into force on the day after it is made, but shall not apply in relation to an asylum or human rights claim made prior to the commencement of this Order.
Designated States
2. The States listed below shall be added to the list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002:
-
"
(z) Mongolia,
(aa) Ghana (in respect of men),
(bb) Nigeria (in respect of men)."
Andy Burnham
Parliamentary Under Secretary of State
Home Office
1st December 2005
(This note is not part of the Order)
Section 94 of the Nationality, Immigration and Asylum Act 2002 (appeal from within the United Kingdom: unfounded human rights or asylum claim) concerns appeal rights for unfounded human rights and asylum claims.
Under section 94(2), a person may not bring an appeal under section 82(1) while in the United Kingdom where he has made a human rights or asylum claim, or both, and the Secretary of State certifies that the claim is, or the claims are, clearly unfounded. The Secretary of State shall issue a certificate under section 94(2) if he is satisfied that the claimant is entitled to reside in a State listed in section 94(4), unless he is satisfied that the claim is not clearly unfounded.
Section 94(5) allows the Secretary of State to add a State, or part of a State, to the list in section 94(4) if he is satisfied that; (a) there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and (b) removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom's obligations under the Human Rights Convention. Section 94(5A) states that if the Secretary of State is satisfied that the statements in section 94(5)(a) and (b) are true of a State or part of a State in relation to a description of person, he may add the State or part to the list in section 94(4) in respect of that description of person.
This Order adds Mongolia to the list of States in section 94(4). This Order also adds Ghana and Nigeria, in respect of men, to the list of States in section 94(4).
Notes:
[1] 2002 c.41. Section 94(4) has been amended by the Asylum (Designated States) Order 2003 (S.I. 2003/970), the Asylum (Designated States) (No. 2) Order 2003 (S.I. 2003/1919), the Asylum (Designated States) (Amendment) Order 2005 (S.I. 2005/1016), the Asylum (Designated States) Order 2005 (S.I. 2005/330) and section 27(4) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (2004 c.19).back
[2] Section 94(5A) was inserted by section 27(5) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (2004 c.19).back
ISBN 0 11 073706 7