The Immigration (Jersey) Order 2021

113.—(1) In this section “listed State” means a State for the time being on the list of States prescribed by the Secretary of State by order under section 94A of this Act in the United Kingdom.

(2) Subsection (3) applies where a person makes a protection claim or a human rights claim (or both) and that person is–

(a) a national of a listed State, or

(b) a Stateless person who was formerly habitually resident in a listed State.

(3) The Minister shall consider the claim or claims mentioned in subsection (2) to be unfounded unless satisfied that there are serious grounds for considering that the State in question is not safe in the particular circumstances of the person mentioned in that subsection.

(4) In this section—

“human rights claim” means a claim made by a person to the Minister that to remove the person from or require him to leave Jersey or to refuse him entry into Jersey would be unlawful under Article 7 of the Human Rights (Jersey) Law 2000 (public authority not to act contrary to Convention);

“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights (Jersey) Law 2000 and “Convention rights” shall be construed in accordance with section 1 of that Law;

“immigration rules” means rules under section 1(4) of the Immigration Act 1971 (general immigration rules);

“protection claim” means a claim made by a person (“P”) that removal of P from Jersey—

(a) would breach obligations by which Jersey is bound under the Refugee Convention, or

(b) would breach obligations by which Jersey is bound in relation to persons eligible for a grant of humanitarian protection;

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