Legislation – Border Security, Asylum and Immigration Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Border Security, Asylum and Immigration Act 2025, Section 51.
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Part 2Asylum and immigration
Refugee Convention
51Refugee Convention: particularly serious crime
(1)
Section 72 of the Nationality, Immigration and Asylum Act 2002 (construction and application of Article 33(2) of Refugee Convention) is amended as follows.
(2)
“(5ZA)
A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a)
the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and
(b)
the person is not, by virtue of the conviction, a person falling within subsection (2).
(5ZB)
A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
(a)
the person is convicted outside the United Kingdom of an offence,
(b)
the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and
(c)
the person is not, by virtue of the conviction, a person falling within subsection (3).”
(3)
(4)
(5)
(6)
In subsection (8), after “(5A)” insert “or (5B)”
.