Legislation – The Immigration (Jersey) Order 2021

1.—(1) In this Schedule–

“asylum claim” means a claim by a person that to remove him from or require him to leave Jersey would breach obligations by which Jersey is bound under the Refugee Convention,“Convention rights” means the rights identified as Convention rights by Article 2 of the Human Rights (Jersey) Law 2000 (whether or not in relation to a State that is a party to the Convention),

“human rights claim” means a claim by a person that to remove him from or require him to leave Jersey would be unlawful under Article 7 of the Human Rights (Jersey Law 2000 (public authority not to act contrary to Convention) as being incompatible with his Convention rights,

“Part 2 of this Schedule in the UK” means Part 2 of this Schedule as it applies for the time being in the United Kingdom;

“Part 3 of this Schedule in the UK” means Part 3 of this Schedule as it applies for the time being in the United Kingdom;

“Part 4 of this Schedule in the UK” means Part 4 of this Schedule as it applies for the time being in the United Kingdom;

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.

(2) In this Schedule a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it.

3.—(1) This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim or a human rights claim may be removed–

(a) from Jersey, and

(b) to a State of which he is not a national or citizen.

(2) A State to which Part 2 of this Schedule in the UK applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place–

(a) where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion,

(b) from which a person will not be sent to another State in contravention of his Convention rights, and

(c) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

4. Section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed–

(a) from Jersey, and

(b) to a State to which Part 2 of this Schedule in the UK applies;

provided that the Minister certifies that in his opinion the person is not a national or citizen of the State.

7. Paragraphs 8 and 9 apply to such States as the Secretary of State has by order specified under Part 3 of this Schedule in the UK.

8.—(1) This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed–

(a) from Jersey, and

(b) to a State of which he is not a national or citizen.

(2) A State specified by the Secretary of State by order under Part 3 of this Schedule in the UK shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place–

(a) where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and

(b) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

9. Section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed–

(a) from Jersey, and

(b) to a State specified by the Secretary of State by order under Part 3 of this Schedule in the UK;

provided that the Minister certifies that in his opinion the person is not a national or citizen of the State.

12. Paragraphs 13 and 14 apply to such States as the Secretary of State has by order specified under Part 4 of this Schedule in the UK.

13.—(1) This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed–

(a) from Jersey, and

(b) to a State of which he is not a national or citizen.

(2) A State specified by the Secretary of State by order under Part 4 of this Schedule in the UK shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place–

(a) where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and

(b) from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.

14. Section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed–

(a) from Jersey, and

(b) to a State specified by the Secretary of State by order under Part 4 of this Schedule in the UK;

provided that the Minister certifies that in his opinion the person is not a national or citizen of the State.

17. Paragraph 18 applies to a person who has made an asylum claim if the Minister certifies that–

(a) it is proposed to remove the person to a specified State,

(b) in the Minister’s opinion the person is not a national or citizen of the specified State, and

(c) in the Minister’s opinion the specified State is a place–

(i) where the person’s life and liberty will not be threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and

(ii) from which the person will not be sent to another State otherwise than in accordance with the Refugee Convention.

18. Where this paragraph applies to a person section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending) shall not prevent his removal to the State specified under paragraph 17.