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Uluslararası Adli İşbirliği
finally determined; and sections 35, 36, 47 and 49 have effect subject to this.
(4) Subsection (3) is subject to section 40.
(5) If the Secretary of State allows the asylum claim, the claim is finally determined when he
makes his decision on the claim.
(6) If the Secretary of State rejects the asylum claim, the claim is finally determined—
(a) when the Secretary of State makes his decision on the claim, if there is no right to
appeal against the Secretary of State’s decision on the claim;
(b) when the period permitted for appealing against the Secretary of State’s decision
on the claim ends, if there is such a right but there is no such appeal;
(c) when the appeal against that decision is finally determined or is withdrawn or aban-
doned, if there is such an appeal.
(7) An appeal against the Secretary of State’s decision on an asylum claim is not finally deter-
mined for the purposes of subsection (6) at any time when a further appeal or an application for
leave to bring a further appeal—
(a) has been instituted and has not been finally determined or withdrawn or abando-
ned, or
(b) may be brought.
(8) The remittal of an appeal is not a final determination for the purposes of subsection (7).
(9) The possibility of an appeal out of time with leave must be ignored for the purposes of
subsections (6) and (7).
40 - Certificate in respect of asylum claimant
(1) 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.
(2) The conditions are that—
(a) the category 1 territory to which the person’s extradition has been ordered has ac-
cepted that, under standing arrangements, it is the responsible State in relation to the person’s
asylum claim;
(b) in the opinion of the Secretary of State, the person is not a national or citizen of the
territory.
(3) The conditions are that, in the opinion of the Secretary of State—