I3Part 1Extradition to category 1 territories
I2Time for extradition
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
40I1Certificate in respect of asylum claimant
1
Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.
2
The conditions are that—
a
the category 1 territory to which the person’s extradition has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person’s asylum claim;
b
in the opinion of the Secretary of State, the person is not a national or citizen of the territory.
3
The conditions are that, in the opinion of the Secretary of State—
a
the person is not a national or citizen of the category 1 territory to which his extradition has been ordered;
b
the person’s life and liberty would not be threatened in that territory by reason of his race, religion, nationality, political opinion or membership of a particular social group;
c
the government of the territory would not send the person to another country otherwise than in accordance with the Refugee Convention.
4
In this section—
“the Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33);
“standing arrangements” means arrangements in force between the United Kingdom and the category 1 territory for determining which State is responsible for considering applications for asylum.
Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))