(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 (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 India to the list of States in section 94(4) of the 2002 Act.