Citation and commencement

1. These Regulations may be cited as the Asylum (Procedures) Regulations 2007 and shall come into force on 1st December 2007.

Interpretation

2. In these Regulations –

“the 1997 Act” means the Special Immigration Appeals Commission Act 1997( 3 );

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002( 4 );

“asylum claim” and “human rights claim” have the meanings given to them in section 113 of the 2002 Act( 5 ).

Designation of States or parts of States for the purposes of section 94 of the 2002 Act

3. After subsection (5C) of section 94 of the 2002 Act( 6 ) insert –

“ (5D) In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State –

(a) shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and

(b) shall have regard to information from any appropriate source (including other member States and international organisations). ”

European Common List of Safe Countries of Origin

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Interpreters

5. —(1) Paragraph (2) applies where a person who has made an asylum or a human rights claim (or both) –

(a) appeals under section 82 ... of the 2002 Act( 7 ) or section 2 of the 1997 Act( 8 ), and

(b) by virtue of Rules made under section 106 of the 2002 Act( 9 ) or sections 5 and 8 of the 1997 Act( 10 ) is entitled to the services of an interpreter for the purposes of bringing his appeal.

(2) The Secretary of State shall defray the costs of providing the interpreter.

(3) Paragraph (5) applies where a person who has made an asylum claim or a human rights claim (or both) is party to –

(a) an appeal under section 103B, 103C or 103E of the 2002 Act( 11 ), or

(b) an appeal under section 7 of the 1997 Act( 12 ).

(4) Paragraph (5) also applies where a person who has made an asylum or a human rights claim (or both) makes –

(a) an application to the supervisory jurisdiction of the Court of Session made by petition for judicial review,

(b) an application under section 31 of the Supreme Court Act 1981( 13 ), or

(c) an application under section 18 of the Judicature (Northern Ireland) Act 1978( 14 ).

(5) The person mentioned in paragraphs (3) and (4) shall be entitled to the services of an interpreter for the purposes of the appeal or application —

(a) when giving evidence, and

(b) in such other circumstances as the court hearing the appeal or application considers it necessary.

(6) Where a person is entitled to the services of an interpreter under paragraph (5), the Secretary of State shall defray the costs of providing such interpreter.

Amendment to the Immigration (Notices) Regulations 2003

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