Case No. UKUT-00090-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00090-(IAC)

Fecha: 09-Ene-2018

Appeal against refusal of a human rights claim

20. Section 82( 1 ) (b) of the 2002 Act provides that a person may appeal against the refusal of a human rights claim. Section 113 of the Act defines such a claim as: “a claim made by a person to 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 A ct 1998 …” 21. The respon dent has issued guidance for Home Office staff in a document entitled “Rights of Appeal”. The current version is that published on 9 October 2017. The part of the guidance under the heading “What is a human rights claim?” on pages 9 to 15 of the document is set out in the Appendix to this decision. 22. Before us, Mr Deller submitted that the present case may not provide a satisfactory vehicle for examining in detail what constitutes a human rights clai m for the purposes of section 82 of the 2002 Act, as amended by the Immigration Act 2014. We do, however, consider that it is possible to say the following.