Recommendation 116

Inadmissibility procedures allow a State to declare claims “inadmissible” when the claim is made by nationals of countries that are deemed safe. Section 80A(5) provides two non-exhaustive examples of exceptional circumstances. These are narrowly construed: first, where the listed state is derogating from the ECHR, and second, where the state is subject to proceedings151 before the EU due to the risk of a serious breach of Article 2 of the Treaty on European Union.152 ‘Exceptional circumstances’ have been defined narrowly by the courts.153 There is no right of appeal (as the asylum/ human rights claims are not refused–they are simply not considered).