Certificate in respect of asylum claimant

40
Certificate in respect of asylum claimant
(1)Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.



(2)The conditions are that—
(a)the category 1 territory to which the person’s extradition has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person’s asylum claim;
(b)in the opinion of the Secretary of State, the person is not a national or citizen of the territory.

(3)The conditions are that, in the opinion of the Secretary of State—
(a)the person is not a national or citizen of the category 1 territory to which his extradition has been ordered;
(b)the person’s life and liberty would not be threatened in that territory by reason of his race, religion, nationality, political opinion or membership of a particular social group;
(c)the government of the territory would not send the person to another country otherwise than in accordance with the Refugee Convention.

(4)In this section—
“the Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33);
“standing arrangements” means arrangements in force between the United Kingdom and the category 1 territory for determining which State is responsible for considering applications for asylum.

Annotations: Help about AnnotationCommencement InformationI1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

Sourced:  http://www.legislation.gov.uk/ukpga/2003/41/section/40