S.L. 276.5 Art. 38Asylum claim. Cap. 420.

(1) This article applies if -

(a) a person in respect of whom a Part II warrant is issued makes an asylum claim at any time in the relevant period;

(b) an order is made under this Order for the person to be returned in pursuance of the warrant.

(2) The relevant period is the period -

(a) starting when a certificate is issued under article 7 in respect of the warrant;

(b) ending when the person is returned in pursuance of the warrant.

(3) The person must not be returned in pursuance of the warrant before the asylum claim is finally determined; and articles 34, 35, 45 and 47 have effect subject to this sub-article.

(4) Sub-article (3) is subject to article 39.

(5) If, under the International Protection Act, the Minister responsible for immigration allows the asylum claim, the claim is deemed to have been finally determined when he makes his decision on the claim.

(6) If the person’s asylum claim is rejected the provisions of article 21(2)(a) and (b) of the relevant Act shall mutatis mutandis apply to any proceedings as are referred to in the said provisions which may lead to the reversal, annulment or modification of the decision rejecting the person’s asylum claim in the same way as they apply to similar proceedings in relation to the court’s order of committal.