Section 40: Certificate in respect of asylum claimant

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 1: Extradition to category 1 territories

Section 39(3) does not apply in relation to a person if the Secretary of State has certified that the conditions in subsection (2) or the conditions in subsection (3) are satisfied in relation to him.

The conditions are that—

the category 1 territory to which the person's extradition has been ordered has accepted that, under standing arrangements, it is the responsible State in relation to the person's asylum claim;
in the opinion of the Secretary of State, the person is not a national or citizen of the territory.

The conditions are that, in the opinion of the Secretary of State—

the person is not a national or citizen of the category 1 territory to which his extradition has been ordered;
the person's life and liberty would not be threatened in that territory by reason of his race, religion, nationality, political opinion or membership of a particular social group;
the government of the territory would not send the person to another country otherwise than in accordance with the Refugee Convention.

In this section—

  • ...

  • "standing arrangements" means arrangements in force between the United Kingdom and the category 1 territory for determining which State is responsible for considering applications for asylum.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.