Section 82 Right of appeal to the TribunalF1C1
United Kingdom
A person (“P”) may appeal to the Tribunal where—
the Secretary of State has decided to refuse a protection claim made by P,
the Secretary of State has decided to refuse a human rights claim made by P, or
the Secretary of State has decided to revoke P's protection status.
For the purposes of this Part—
a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom—
would breach the United Kingdom's obligations under the Refugee Convention, or
would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
P's protection claim is refused if the Secretary of State makes one or more of the following decisions—
that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;
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;
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;
“humanitarian protection” is to be construed in accordance with the immigration rules;
“refugee” has the same meaning as in the Refugee Convention.
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
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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)