This Order may be cited as the Asylum (Designated States) Order 2005 and shall come into force on the day after it is made, but shall not apply in relation to an asylum or human rights claim made prior to the commencement of this Order.
Specified date: 15 February 2005: see above.
The State listed below shall be added to the list of States in section 94(4) of the Nationality, Immigration and Asylum Act 2002:
“(y) India.”.
Specified date: 15 February 2005: see art 1.
Des Browne
Minister of State
Home Office
14th February 2005
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.
