OpenLegislation

Section 82 Right of appeal to the TribunalF1C1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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.

Annotations

Textual amendments

F1

S. 82 substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(2), 75(3); S.I. 2014/2771, art. 2(b) (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))

Modifications

C1

Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

Notes on Part 5

Textual amendments

F1

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))

Modifications

C1

Pt. 5: power to modify conferred (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), ss. 48(4)(c), 64(2) (with ss. 52(3), 53, 58); S.I. 2018/1213, reg. 2(b)

Notes on Appeal to Tribunal

Textual amendments

F1

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)