Legislation – Nationality and Borders Act 2022
Changes to legislation:
Nationality and Borders Act 2022, SCHEDULE 4 is up to date with all changes known to be in force on or before 09 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 4:
- Act modified by S.I. 2008/680, Sch. 11 (as inserted) by S.I. 2025/1107 Sch.
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act modified by S.I. 2008/680, Sch. 11 (as inserted) by S.I. 2025/1107 Sch.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
SCHEDULE 4Removal of asylum seeker to safe country
Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002
1
“(2A)
This section does not prevent a person being removed to, or being required to leave to go to, a State falling within subsection (2B).
(2B)
A State falls within this subsection if—
(a)
it is a place where a person’s life and liberty are not threatened by reason of the person’s race, religion, nationality, membership of a particular social group or political opinion,
(b)
it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,
(c)
it is a place—
(i)
to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and
(ii)
from which a person will not be sent to another State in contravention of the person’s Convention rights, and
(d)
the person is not a national or citizen of the State.
(2C)
For the purposes of this section—
(a)
any State to which Part 2 or 3 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 for the time being applies—
(i)
is to be presumed to be a State falling within subsection (2B)(a) and (b), and
(ii)
is, unless the contrary is shown by a person to be the case in their particular circumstances, to be presumed to be a State falling within subsection (2B)(c)(i) and (ii);
(b)
any State to which Part 4 of that Schedule for the time being applies is to be presumed to be a State falling within subsection (2B)(a) and (b);
(c)
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;
(d)
“State” includes any territory outside of the United Kingdom.”
2
In subsection (3) of that section, for “subsection (2)” substitute “this section, “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 (whether or not in relation to a State that is a party to the Convention); and”
.
Amendments to Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004: introductory
3
Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (the “2004 Act”) (removal of asylum seeker to safe country) is amended as follows.
Amendments consequential on amendments to section 77 of the 2002 Act
4
Omit paragraphs 4, 9, 14 and 18.
Rebuttable presumption of safety of specified countries in relation to Convention rights
5
(1)
Paragraph 3 (presumptions of safety) is amended as follows.
(2)
In sub-paragraph (1), in the opening words, after “human rights claim” insert “(the “claimant”)”
.
(3)
“(1A)
Unless the contrary is shown by the claimant to be the case in their particular circumstances, a State to which this Part applies is to be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
(a)
to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and
(b)
from which a person will not be sent to another State in contravention of their Convention rights.”
(4)
In sub-paragraph (2), omit paragraph (b) (but not the final “and”).
6
In paragraph 5 (in country appeals in cases of removal to safe country)—
(a)
in sub-paragraph (3), omit paragraph (b) (together with the preceding “or”);
(b)
in sub-paragraph (4), in both places they appear, omit the words “to which this sub-paragraph applies”;
(c)
omit sub-paragraph (5).
Safe countries
7
““State” includes any territory outside of the United Kingdom.”
8
In paragraph 2 (countries to which presumptions of safety in Part 2 of Schedule 3 apply)—
(a)
“(bb)
Republic of Croatia,”;
(b)
“(oa)
Principality of Liechtenstein,”.
9
In paragraph 20(1) (powers to amend list of safe countries by order)—
(a)
the words from “add a State” to the end become paragraph (a);
(b)
“, or
(b)
remove a State from that list.”
10
In paragraph 21 (procedure for orders under paragraph 20)—
(a)
in sub-paragraph (1), in the opening words, for “20(1)” substitute “20(1)(a)”
;
(b)
in sub-paragraph (2), in the opening words, for “20(2)(b)” substitute “20(1)(b) or (2)(b)”
.
Appeal rights
11
In paragraph 5 (appeal rights where person certified for removal to State to which Part 2 applies) in sub-paragraphs (3) and (4), omit “from within the United Kingdom”.
12
Omit paragraph 6 (no out of country appeal rights).
13
In paragraph 10 (appeal rights where person certified for removal to State to which Part 3 applies), in sub-paragraphs (3) and (4), omit “from within the United Kingdom”.
14
Omit paragraph 11 (no out of country appeal rights).
15
In paragraph 15 (appeal rights where person certified for removal to State to which Part 4 applies), in sub-paragraphs (3) and (4), omit “from within the United Kingdom”.
16
Omit paragraph 16 (no out of country appeal rights).
17
In paragraph 19 (appeal rights where person certified for removal to a State safe for that person)—
(a)
in sub-paragraphs (b) and (c), omit “from within the United Kingdom”;
(b)
omit sub-paragraph (d).
Consequential amendments
18
In section 92 of the Nationality, Immigration and Asylum Act 2002 (place from which an appeal may be brought), omit—
(a)
subsection (2)(b) (and the preceding “or”);
(b)
subsection (3)(b) (and the preceding “or”).
Transitional provision
19
(1)
The amendments made by paragraph 6 do not apply to a case in which the Secretary of State made the certification under paragraph 5(1) of Schedule 3 to the 2004 Act before the coming into force of paragraph 6 of this Schedule.
(2)
The amendments made by paragraphs 11, 13, 15 and 17 to the following provisions of Schedule 3 to the 2004 Act do not apply to a case in which the claim was certified as clearly unfounded by the Secretary of State before the coming into force of those paragraphs—
(a)
paragraph 5(4);
(b)
paragraph 10(4);
(c)
paragraph 15(4);
(d)
paragraph 19(c).