Part 2: Asylum Chapter 3: Inadmissibility Section 15: Asylum claims by EU nationals: inadmissibility
Overview: This section provides that asylum claims from EU nationals must generally be declared inadmissible to the UK’s asylum system.
	Background: Inadmissibility procedures allow a State to declare an asylum claim "inadmissible" when the claim is made by nationals of countries which are deemed inherently safe (such as those in the EU). This means that the State does not have to substantively consider the claim, except in exceptional circumstances, and individuals can be returned to their country of nationality.
	While the UK was a member of the EU, inadmissibility processes were explicitly allowed under EU law, including through the Dublin Regulation and the Protocol on Asylum for Nationals of Member States ("the Spanish Protocol").
	The Spanish Protocol provides, in effect, that an application for asylum made in an EU member state by a national of another EU member state should be considered inadmissible save in certain defined circumstances. The basis of the Spanish Protocol is founded in the fact that EU member states are required by Article 2 of the Treaty on European Union to respect human dignity, freedom, democracy, equality, the rule of law and human rights. It is therefore considered that the level of protection afforded to individuals’ fundamental rights and freedoms in EU member states means that they are deemed to be safe countries. As such, there is, except in the most exceptional of circumstances, no risk of persecution for individuals entitled to reside in EU countries that would give rise to a need for international protection.
	Paragraphs 326E and 326F of the Immigration Rules implemented the Spanish Protocol in the UK, providing that an asylum application from an EU national will only be admissible where the applicant satisfies the Secretary of State that there are exceptional circumstances which require the claim to be admitted.
	The purpose of this section is to retain the UK’s ability to treat protection claims made in the UK from nationals of EU member states, including Ireland, as inadmissible.
	Subsection 1 inserts new Part 4A, containing new section 80A, into the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act"), which relates to inadmissibility asylum claims by EU nationals.
	80A(1) stipulates that the Secretary of State must declare an asylum claim made by a national of a member state inadmissible.
	80A(2) provides that an asylum claim that has been declared inadmissible to the UK’s asylum system will not be substantively considered in the UK.
	80A(3) stipulates that a decision to declare an asylum claim inadmissible does not attract a right of appeal under section 82 of the 2002 Act.
	80A(4) and (5) set out a non-exhaustive list of exceptions. They demonstrate the threshold that would have to be met in order for circumstances to be exceptional such that an asylum claim from an EU national would be admitted to the UK asylum system for consideration.
	80A(6) defines terms used in this section.
	Subsection 2 consequentially amends regulation 4 of the Asylum Support Regulations 2000 (setting out who may not be provided with asylum support).