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Nationality, Immigration and Asylum Act 2002

Nationality, Immigration and Asylum Act 2002 s 82

s 82 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.

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