Meaning of “the Tribunal
81
In this Part “the Tribunal” means the First-tier Tribunal.
Nationality, Immigration and Asylum Act 2002 Part 5 — Appeals in respect of Protection and Human Rights Claims
Appeal to Tribunal
Right of appeal to the Tribunal
82
(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.
Appeal: asylum claim
83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal: variation of limited leave
83A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grounds of appeal
84
(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.
Matters to be considered
85
(1) An appeal under section 82(1) against a decision shall be treated by the Tribunal as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1). (2) If an appellant under section 82(1) makes a statement under section 120, the Tribunal shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84 against the decision appealed against. (3) Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced. (4) On an appeal under section 82(1) ... against a decision the Tribunal may consider ... any matter which it thinks relevant to the substance of the decision, including ... a matter arising after the date of the decision. (5) 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— (a) 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.
Matters to be considered: new evidence: exceptions
85A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Determination of appeal
86
(1) This section applies on an appeal under section 82(1) ... (2) The Tribunal must determine— (a) any matter raised as a ground of appeal ..., and (b) any matter which section 85 requires it to consider. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Successful appeal: direction
87
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions and limitations
Ineligibility
88
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Entry clearance
88A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Refusal of leave to enter
89
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Non-family visitor
90
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Student
91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Place from which an appeal may be brought or continued
92
(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) the claim to which the appeal relates has been certified under section 94(7) (removal to a safe country) , ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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) the claim to which the appeal relates has been certified under section 94(7) (removal to a safe country) or section 94B (certification of human rights claims ...), ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 94(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 94(7) or section 94B.
Appeal from within United Kingdom: “third country” removal
93
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Certification of human rights or protection claims as unfounded or removal to safe country
94
(1) The Secretary of State may certify a protection claim or human rights claim as clearly unfounded. (3) If the Secretary of State is satisfied that a claimant is entitled to reside in a State listed in subsection (4) he shall certify the claim under subsection (1) unless satisfied that it is not clearly unfounded. (3A) A person may not bring an appeal under section 82 against a decision if the claim to which the decision relates has been certified under subsection (1). (4) The States are— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (k) the Republic of Albania, (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (n) Jamaica, (o) Macedonia, (p) the Republic of Moldova, and (q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (s) Bolivia, (t) Brazil, (u) Ecuador, (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (w) South Africa, and (x) Ukraine. (y) India. (z) Mongolia, (aa) Ghana (in respect of men), (bb) Nigeria (in respect of men). (cc) Bosnia-Herzegovina, (dd) Gambia (in respect of men), (ee) Kenya (in respect of men), (ff) Liberia (in respect of men), (gg) Malawi (in respect of men), (hh) Mali (in respect of men), (ii) Mauritius, (jj) Montenegro, (kk) Peru, (ll) Serbia, (mm) Sierra Leone (in respect of men). (nn) Kosovo, (oo) South Korea. (5) The Secretary of State may by order add a State, or part of a State, to the list in subsection (4) if satisfied that— (a) there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and (b) removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention. (5A) If the Secretary of State is satisfied that the statements in subsection (5) (a) and (b) are true of a State or part of a State in relation to a description of person, an order under subsection (5) may add the State or part to the list in subsection (4) in respect of that description of person. (5B) Where a State or part of a State is added to the list in subsection (4) in respect of a description of person, subsection (3) shall have effect in relation to a claimant only if the Secretary of State is satisfied that he is within that description (as well as being satisfied that he is entitled to reside in the State or part). (5C) A description for the purposes of subsection (5A) may refer to— (a) gender, (b) language, (c) race, (d) religion, (e) nationality, (f) membership of a social or other group, (g) political opinion, or (h) any other attribute or circumstance that the Secretary of State thinks appropriate. (5D) In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State – (a) shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and (b) shall have regard to information from any appropriate source (including ... member States and international organisations). (6) The Secretary of State may by order amend the list in subsection (4) so as to omit a State or part added under subsection (5); and the omission may be— (a) general, or (b) effected so that the State or part remains listed in respect of a description of person. (6A) Subsection (3) shall not apply in relation to a claimant who— (a) is the subject of a certificate under section 2 or 70 of the Extradition Act 2003 (c. 41), (b) is in custody pursuant to arrest under section 5 of that Act, (c) is the subject of a provisional warrant under section 73 of that Act, (ca) is the subject of a certificate under section 74B of that Act, (d) is the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, or (e) is the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act. (7) The Secretary of State may certify a protection claim or human rights claim made by a person if — (a) it is proposed to remove the person to a country of which he is not a national or citizen, and (b) there is no reason to believe that the person’s rights under the Human Rights Convention will be breached in that country. (8) In determining whether a person in relation to whom a certificate has been issued under subsection (7) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as— (a) a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and (b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
European Common List of Safe Countries of Origin
94A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal from within the United Kingdom: certification of human rights claims ...
94B
(1) This section applies where a human rights claim has been made by a person (“P”) ... (2) The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, refusing P entry to, removing P from or requiring P to leave the United Kingdom , pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention). (3) The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if refused entry to, removed from or required to leave the United Kingdom .
Appeal from outside United Kingdom: removal
95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Earlier right of appeal
96
(1) A person may not bring an appeal under section 82 against a decision (“the new decision”) if the Secretary of State or an immigration officer certifies— (a) that the person was notified of a right of appeal under that section against another ... decision (“the old decision”) (whether or not an appeal was brought and whether or not any appeal brought has been determined), (b) that the claim or application to which the new decision relates relies on a ground that could have been raised in an appeal against the old decision, and (c) that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in an appeal against the old decision. (2) A person may not bring an appeal under section 82 if the Secretary of State or an immigration officer certifies— (a) that the person has received a notice under section 120(2), (b) that the appeal relies on a ground that should have been, but has not been, raised in a statement made under section 120(2) or (5), and (c) that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in a statement under section 120(2) or (5). (4) In subsection (1) “ notified ” means notified in accordance with regulations under section 105. (5) Subsections (1) and (2) apply to prevent a person’s right of appeal whether or not he has been outside the United Kingdom since an earlier right of appeal arose or since a requirement under section 120 was imposed. (6) In this section a reference to an appeal under section 82(1) includes a reference to an appeal under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) which is or could be brought by reference to an appeal under section 82(1). (7) A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued.
National security, &c.
97
(1) An appeal under section 82(1) ... against a decision in respect of a person may not be brought or continued if the Secretary of State certifies that the decision is or was taken— (a) by the Secretary of State wholly or partly on a ground listed in subsection (2), or (b) in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in subsection (2). (2) The grounds mentioned in subsection (1) are that the person’s exclusion or removal from the United Kingdom is— (a) in the interests of national security, or (b) in the interests of the relationship between the United Kingdom and another country. (3) An appeal under section 82(1) ... against a decision may not be brought or continued if the Secretary of State certifies that the decision is or was taken wholly or partly in reliance on information which in his opinion should not be made public— (a) in the interests of national security, (b) in the interests of the relationship between the United Kingdom and another country, or (c) otherwise in the public interest. (4) In subsections (1)(a) and (b) and (3) a reference to the Secretary of State is to the Secretary of State acting in person.
National security: deportation
97A
(1) This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security. (1A) This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security. (2) Where this section applies— (a) section 79 shall not apply, (b) the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and (c) section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section. (2A) The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997— (a) against the decision to make the deportation order, or (b) against any refusal to revoke the deportation order, unless the person has made a human rights claim while in the United Kingdom. (2B) Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person— (a) to the country or territory to which the person is proposed to be removed, and (b) despite the appeals process not having been begun or not having been exhausted, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention) . (2C) The grounds upon which a certificate may be given under subsection (2B) include (in particular)— (a) that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed; (b) that the whole or part of any human rights claim made by the person is clearly unfounded. (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2F) If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate. (2G) If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings. (2H) The Commission's determination of a review under subsection (2F) is final. (2J) The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission. (2K) Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals). (2L) Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Secretary of State may repeal this section by order.
Variation of leave on grounds of public good: rights of appeal
97B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other grounds of public good
98
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 97 : appeal in progress
99
(1) This section applies where a certificate is issued under section ... 97 ... in respect of a pending appeal. (2) The appeal shall lapse.
Appeal from adjudicator
Immigration Appeal Tribunal
100
1 There shall continue to be an Immigration Appeal Tribunal. (2) Schedule 5 (which makes provision about the Tribunal) shall have effect.
Appeal to Tribunal
101
1 A party to an appeal to an adjudicator under section 82 or 83 may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law. (2) A party to an application to the Tribunal for permission to appeal under subsection (1) may apply to the High Court or, in Scotland, to the Court of Session for a review of the Tribunal’s decision on the ground that the Tribunal made an error of law. (3) Where an application is made under subsection (2)— (a) it shall be determined by a single judge by reference only to written submissions, (b) the judge may affirm or reverse the Tribunal’s decision, (c) the judge’s decision shall be final, and (d) if, in an application to the High Court, the judge thinks the application had no merit he shall issue a certificate under this paragraph (which shall be dealt with in accordance with Civil Procedure Rules). (4) The Lord Chancellor may by order repeal subsections (2) and (3).
Decision
102
1 On an appeal under section 101 the Immigration Appeal Tribunal may— (a) affirm the adjudicator’s decision; (b) make any decision which the adjudicator could have made; (c) remit the appeal to an adjudicator; (d) affirm a direction given by the adjudicator under section 87; (e) vary a direction given by the adjudicator under that section; (f) give any direction which the adjudicator could have given under that section. (2) In reaching their decision on an appeal under section 101 the Tribunal may consider evidence about any matter which they think relevant to the adjudicator’s decision, including evidence which concerns a matter arising after the adjudicator’s decision. (3) But where the appeal under section 82 was against refusal of entry clearance or refusal of a certificate of entitlement— (a) subsection (2) shall not apply, and (b) the Tribunal may consider only the circumstances appertaining at the time of the decision to refuse. (4) In remitting an appeal to an adjudicator under subsection (1)(c) the Tribunal may, in particular— (a) require the adjudicator to determine the appeal in accordance with directions of the Tribunal; (b) require the adjudicator to take additional evidence with a view to the appeal being determined by the Tribunal.
Appeal from Tribunal
103
1 Where the Immigration Appeal Tribunal determines an appeal under section 101 a party to the appeal may bring a further appeal on a point of law— (a) where the original decision of the adjudicator was made in Scotland, to the Court of Session, or (b) in any other case, to the Court of Appeal. (2) An appeal under this section may be brought only with the permission of— (a) the Tribunal, or (b) if the Tribunal refuses permission, the court referred to in subsection (1)(a) or (b). (3) The remittal of an appeal to an adjudicator under section 102(1)(c) is not a determination of the appeal for the purposes of subsection (1) above.
Procedure
Review of Tribunal’s decision
103A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal from Tribunal following reconsideration
103B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal from Tribunal instead of reconsideration
103C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reconsideration: legal aid
103D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal from Tribunal sitting as panel
103E
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pending appeal
104
(1) An appeal under section 82(1) is pending during the period— (a) beginning when it is instituted, and (b) ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99). (2) An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while— (a) an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination, (b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or (c) an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsection (4B) ). (4B) Subsection (4A) shall not apply to an appeal in so far as it is brought on a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) where the appellant— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) gives notice, in accordance with Tribunal Procedure Rules , that he wishes to pursue the appeal in so far as it is brought on that ground. (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of immigration decision
105
(1) The Secretary of State may make regulations requiring a person to be given written notice where an appealable decision is taken in respect of him. (2) The regulations may, in particular, provide that a notice under subsection (1) of an appealable decision must state— (a) that there is a right of appeal under section 82 , and (b) how and when that right may be exercised. (3) The regulations may make provision (which may include presumptions) about service. (4) In this section “ appealable decision ” means a decision mentioned in section 82(1).
Rules
106
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In the case of an appeal under section 82 ... ..., Tribunal Procedure Rules may enable the Tribunal to certify that the appeal had no merit (and shall make provision for the consequences of the issue of a certificate). (4) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with Tribunal Procedure Rules in connection with proceedings under section 82 ... ... to attend before . . . the Tribunal— (a) to give evidence, or (b) to produce a document. (5) A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Practice directions
107
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In the case of proceedings under section 82 ... ..., or proceedings in the Upper Tribunal arising out of such proceedings, practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007— (a) may require the Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter; and (b) may require the Upper Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter. (3A) In subsection (3) the reference to a decision of the Tribunal includes— (a) a decision of the Asylum and Immigration Tribunal, and (b) a decision of the Immigration Appeal Tribunal. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Forged document: proceedings in private
108
(1) This section applies where it is alleged— (a) that a document relied on by a party to an appeal under section 82 ... is a forgery, and (b) that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest. (2) The Tribunal — (a) must investigate the allegation in private, and (b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).
General
European Union and European Economic Area
109
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Grants
110
1 The Secretary of State may make a grant to a voluntary organisation which provides— (a) advice or assistance to persons who have a right of appeal under this Part; (b) other services for the welfare of those persons. (2) A grant under this section may be subject to terms or conditions (which may include conditions as to repayment).
Monitor of certification of claims as unfounded
111
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Regulations, &c.
112
(1) Regulations under this Part shall be made by the Secretary of State. (2) Regulations ... under this Part ...— (a) must be made by statutory instrument, and (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) Regulations ... under this Part— (a) may make provision which applies generally or only in a specified case or in specified circumstances, (b) may make different provision for different cases or circumstances, (c) may include consequential, transitional or incidental provision, and (d) may include savings. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) An order under section 94(5) ...— (a) must be made by statutory instrument, (b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and (c) may include transitional provision. (5) An order under section 94(6) or (6B) ...— (a) must be made by statutory instrument, (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and (c) may include transitional provision. (5A) If an instrument makes provision under section 94(5) and 94(6)— (a) subsection (4)(b) above shall apply, and (b) subsection (5)(b) above shall not apply. (5B) An order under section 97A(4)— (a) must be made by statutory instrument, (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and (c) may include transitional provision. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
113
(1) In this Part, unless a contrary intention appears— “ asylum claim ” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention, ... “ human rights claim ” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention) ..., “ the Human Rights Convention ” has the same meaning as “ the Convention ” in the Human Rights Act 1998 and “ Convention rights ” shall be construed in accordance with section 1 of that Act, “ humanitarian protection ” has the meaning given in section 82(2); ... “ immigration rules ” means rules under section 1(4) of the Immigration Act 1971 (general immigration rules), ... “ protection claim ” has the meaning given in section 82(2) “ protection status ” has the meaning given in section 82(2) “ the Refugee Convention ” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, ... ... (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Repeal
114
(1) Part IV of the Immigration and Asylum Act 1999 (c. 33) (appeals) shall cease to have effect. (2) Schedule 6 (which makes transitional provision in connection with the repeal of Part IV of that Act and its replacement by this Part) shall have effect. (3) Schedule 7 (consequential amendments) shall have effect.
Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision
115
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Special Immigration Appeals Commission: Community Legal Service
116
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Northern Ireland appeals: legal aid
117
(1) In Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) (proceedings for which legal aid may be given under Part II of that Order) the following shall be inserted after paragraph 6— (6A) Proceedings before an adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002, the Immigration Appeal Tribunal or the Special Immigration Appeals Commission. (2) The amendment made by subsection (1) is without prejudice to the power to make regulations under Article 10(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 amending or revoking the provision inserted by that subsection.
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