C2Part 5F1Appeals 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)
Exceptions and limitations
C192F2 Place from which an appeal may be brought or continued
1
This section applies to determine the place from which an appeal under section 82(1) may be brought or continued.
2
In the case of an appeal under section 82(1)(a) (protection claim appeal), the appeal must be brought from outside the United Kingdom if—
a
F9b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Otherwise, the appeal must be brought from within the United Kingdom.
3
In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was in the United Kingdom, the appeal must be brought from outside the United Kingdom if—
a
F5b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Otherwise, the appeal must be brought from within the United Kingdom.
4
In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the United Kingdom, the appeal must be brought from outside the United Kingdom.
5
In the case of an appeal under section 82(1)(c) (revocation of protection status)—
a
the appeal must be brought from within the United Kingdom if the decision to which the appeal relates was made while the appellant was in the United Kingdom;
b
the appeal must be brought from outside the United Kingdom if the decision to which the appeal relates was made while the appellant was outside the United Kingdom.
6
If, after an appeal under section 82(1)(a) or (b) has been brought from within the United Kingdom, the Secretary of State certifies the claim to which the appeal relates under section F794(7) or section 94B, the appeal must be continued from outside the United Kingdom.
7
Where a person brings or continues an appeal under section 82(1)(a) (refusal of protection claim) from outside the United Kingdom, for the purposes of considering whether the grounds of appeal are satisfied, the appeal is to be treated as if the person were not outside the United Kingdom.
8
Where an appellant brings an appeal from within the United Kingdom but leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned unless the claim to which the appeal relates has been certified under section F894(7) or section 94B.
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))