Citation and commencement

1.  This Order may be cited as the Asylum (Designated States) (No. 2) Order 2003 and shall come into force on the day after it is made, but shall not apply in relation to an asylum claim or human rights claim made prior to the commencement of this Order.

Designated States

2.  The States listed below shall be added to the list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002(2):

“(r)Bangladesh,

(s)Bolivia,

(t)Brazil,

(u)Ecuador,

(v)Sri Lanka,

(w)South Africa, and

(x)Ukraine.”.

Explanatory Note

(This note is not part of the Order)

Section 94 (Appeal from within United Kingdom: unfounded human rights or asylum claim) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) concerns appeal rights for unfounded human rights or asylum claims.

Under section 94(2) of the 2002 Act, a person may not bring an appeal under section 82(1) of the 2002 Act while in the United Kingdom where he has made an asylum claim or a human rights claim (or both) if the Secretary of State certifies that the claim or claims is or are clearly unfounded. The Secretary of State shall issue a certificate under section 94(2) of the 2002 Act if he is satisfied that the asylum claimant or human rights claimant is entitled to reside in a State listed in section 94(4) of the 2002 Act unless he is satisfied that the claim is not clearly unfounded.

This Order adds the countries listed in article 2 to the list of States in section 94(4) of the 2002 Act.