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Section 59 IMA (partially in force)149 amends section 80A of the Nationality, Immigration and Asylum...

Conclusion
Section 59 IMA (partially in force)149 amends section 80A of the Nationality, Immigration and Asylum Act 2002, which provides that asylum claims and human rights claims from nationals of listed states must be declared inadmissible. Section 59 IMA principally does two things. First, it extends the list from EU nationals to nationals of Albania, Iceland, Liechtenstein, Norway and Switzerland.150 Second, it amends section 80A such that the inadmissibility provisions apply to human rights claims (that is, a claim by a person that to remove them from the UK would be unlawful under section 6 of the Human Rights Act 1998 which provides that a public authority must not act contrary to the ECHR) as well as asylum claims. Therefore, if enacted, all asylum and human rights claims made by nationals of the listed countries will be automatically inadmissible such that the merits of the claims will not be considered. Notably, the Secretary of State must (rather than may) declare these asylum and human rights claims inadmissible, unless there are exceptional circumstances. 148 Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA) (IMB0024), para.16 149 The Illegal Migration Act 2023 (Commencement No. 1) Regulations 2023 bring section 59 into force only “for the purpose of making regulations”. 150 The Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2004 add Georgia and India to the list, but this will not take effect until section 59 IMA is fully commenced. 42
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 1.0 yr
Report published 20 Jun 2025