The duty in section 2(1) or the power in section 4(2) applies in relation to a person who meets the four conditions in section 2 regardless of whether—
If a person who meets the four conditions in section 2 makes a protection claim, or a human rights claim within subsection (5), the Secretary of State must declare the claim inadmissible (and see section 41(4) in relation to human rights claims not within subsection (5)).
A protection claim or a human rights claim declared inadmissible under subsection (2) cannot be considered under the immigration rules.
A declaration under subsection (2) that a protection claim or a human rights claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 (appeal against refusal of protection claim or human rights claim) arises.
A human rights claim is within this subsection if it is a claim that removal of a person from the United Kingdom to—
would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention).
In this Act “application for judicial review” means—
In this section, references to a claim include a claim—