82Right 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.

84Grounds 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.

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.