Legislation – Nationality and Borders Act 2022
Changes to legislation:
Nationality and Borders Act 2022, Section 35 is up to date with all changes known to be in force on or before 02 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.
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PART 2Asylum
Interpretation of Refugee Convention
35Article 1(A)(2): internal relocation
(1)
An asylum seeker is not to be taken to be a refugee for the purposes of Article 1(A)(2) of the Refugee Convention if—
(a)
they would not have a well-founded fear of being persecuted in a part of their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence), and
(b)
they can reasonably be expected to travel to and remain in that part of the country.
(2)
In considering whether an asylum seeker can reasonably be expected to travel to and remain in a part of a country, a decision-maker—
(a)
must have regard to—
(i)
the general circumstances prevailing in that part of the country, and
(ii)
the personal circumstances of the asylum seeker;
(b)
must disregard any technical obstacles relating to travel to that part of that country.