Case No. UKUT-00515-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00515-(IAC)

Fecha: 15-Jun-2015

The Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014

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. 84 . Grounds of Appeal “ (1) An appeal under section 82(1) (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). ” 1 117D Interpretation of this Part (1) In this Part— “Article 8” means Article 8 of the European Convention on Human Rights; “qualifying child” means a person who is under the age of 18 and who— (a) is a British citizen, or (b) has lived in the United Kingdom for a continuous period of seven years or more; “qualifying partner” means a partner who— (a) is a British citizen, or (b) who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).