Introduction of Post-Brexit Third-Country Asylum Inadmissibility Rules (HC 1043)

Policy effect

Replaced the Dublin III Regulation asylum transfer mechanisms upon Brexit transition end with expanded UK-specific safe third country inadmissibility rules under Part 11 of the Immigration Rules.

Conditions and exceptions

Validated condition or limit: Replaced the Dublin III Regulation asylum transfer mechanisms upon Brexit transition end with expanded UK-specific safe third country inadmissibility rules under Part 11 of the Immigration Rules.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… place of asylum claim.”. 11.4 After paragraph 327C, insert “327D. An officer is not capable of receiving the claim in the territorial waters of the United Kingdom”. 11.5 For paragraphs 345A to 345D, substitute: “345A. An asylum application may be treated as inadmissible and not substantively considered if the Secretary of State determines that: (i) the applicant has been recognised as a refugee in a safe third country and they can still avail themselves of that protection; or (ii) the applicant otherwise enjoys sufficient protection in a safe third country, including benefiting from the principle of non-refoulement; or (iii) the applicant could enjoy sufficient protection in a safe third country, including benefiting from the principle of non-refoulement because: (a) they have already made an application for protection to that country; or (b) they could have made an application for protection to that country but did not do so and there were no exceptional circumstances preventing such an application being made, or (c) they have a connection to that country, such that it would be reasonable for them to go there to obtain protection. Safe Third Country of Asylum 345B. A country is a safe third country for a particular applicant, if: (i) the applicant’s life and liberty will not be threatened on account of race, religion, nationality, membership of a particular social group or political opinion in that country; (ii) the principle of non-refoulement will be respected in that country in accordance with the Refugee Convention; (iii) the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected in that country; and (iv) the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Refugee Convention in that country.” 345C. When an application is treated as inadmissible, the Secretary of State will attempt to remove the applicant to the safe third country in which they were previously present or to which they have a connection, or to any other safe third country which may agree to their entry.” Exceptions for admission of inadmissible claims to UK asylum process 345D. When an application has been treated as inadmissible and either (i) removal to a safe third country within a reasonable period of time is …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2020

• 2020-01-31EU Settlement Scheme Appeals System Establishment
• 2020-02-20Global Talent Visa Application Fees & Fast-Track Endorsement Fees
• 2020-02-20Launch of the Global Talent Visa Route (Statement of Changes HC 56)
• 2020-04-05Transition of Priority Change of Circumstances Service to Email-Only
• 2020-04-29Automatic Visa Extensions for Frontline Healthcare Workers
• 2020-06-04Stricter Rules for Representative of an Overseas Business Route (Statement of Changes CP 232)
• 2020-06-22Youth Mobility Scheme 2020 Deadline Extension for Taiwan
• 2020-08-01Implementation of Coronavirus Grace Period
• 2020-09-01Implementation of Exceptional Assurance Concession for Overstaying
• 2020-10-05Introduction of New Points-Based Student and Child Student Routes
• 2020-11-12COVID-19 Financial Requirement Concessions for Family Visas
• 2020-12-01Statement of Changes to the Immigration Rules: HC 813 (Introduction of the Skilled Worker Route and Global Points-Based Framework)
• 2020-12-31End of EU Free Movement and Repeal of Free Movement Law
• 2020-12-31Post-Transition Visitor and Trade-Related Service Provider Rules
• 2020-12-31Saving of EU Public Policy Deportation Grounds for Pre-Transition Conduct