Part 5F2Appeals in respect of Protection and Human Rights Claims
F1Appeal to Tribunal
S. 81 and preceding cross-heading substituted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(1), 48(1)-(3) (with transitional provisions in Sch. 2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
C182F3 Right of appeal to the Tribunal
1
A person (“P”) may appeal to the Tribunal where—
a
the Secretary of State has decided to refuse a protection claim made by P,
b
the Secretary of State has decided to refuse a human rights claim made by P, or
c
the Secretary of State has decided to revoke P's protection status.
2
For the purposes of this Part—
a
a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom—
i
would breach the United Kingdom's obligations under the Refugee Convention, or
ii
would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
b
P's protection claim is refused if the Secretary of State makes one or more of the following decisions—
i
that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;
ii
that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
c
a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection;
d
“humanitarian protection” is to be construed in accordance with the immigration rules;
e
“refugee” has the same meaning as in the Refugee Convention.
3
The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.
Pt. 5 heading substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 33; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))