Part 5Appeals in respect of Protection and Human Rights Claims

Appeal to Tribunal

F182 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.