C9Part 5F8Appeals in respect of Protection and Human Rights Claims
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)
F6Appeal 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)
81F7Meaning of “the Tribunal
In this Part “the Tribunal” means the First-tier Tribunal.
C182F18 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.
F1983 Appeal: asylum claim
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2083AAppeal: variation of limited leave
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C284F21 Grounds of appeal
1
An appeal under section 82(1)(a) (refusal of protection claim) must be brought on one or more of the following grounds—
a
that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention;
b
that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
c
that removal of the appellant from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).
2
An appeal under section 82(1)(b) (refusal of human rights claim) must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998.
3
An appeal under section 82(1)(c) (revocation of protection status) must be brought on one or more of the following grounds—
a
that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations under the Refugee Convention;
b
that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.
C8C3C1085 Matters to be considered
1
An appeal under section 82(1) against a decision shall be treated by F1the Tribunal as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
C6C72
3
Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
C44
F135
But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.
6
A matter is a “new matter” if—
C7a
it constitutes a ground of appeal of a kind listed in section 84, and
b
the Secretary of State has not previously considered the matter in the context of—
i
the decision mentioned in section 82(1), or
ii
a statement made by the appellant under section 120.
F2285AMatters to be considered: new evidence: exceptions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C586 Determination of appeal
1
This section applies on an appeal under section 82(1) F10...
2
F4The Tribunal must determine—
a
any matter raised as a ground of appeal F11..., and
b
any matter which section 85 requires F5it to consider.
F123
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F126
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F987 Successful appeal: direction
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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))