Part 5Appeals in respect of Protection and Human Rights Claims

Exceptions and limitations

F194BAppeal from within the United Kingdom: certification of human rights claims F2...

(1)

This section applies where a human rights claim has been made by a person (ā€œPā€) F3...

(2)

The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, F4refusing P entry to, removing P from or requiring P to leave the United Kingdom , pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

(3)

The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if F5refused entry to, removed from or required to leave the United Kingdom .