Case No. UKUT-00090-(IAC)

If the claim made does engage the human right relied upon, a human rights claim has been made. If the claim is refused, the appropriate notice from the following list should be served (except in deportation cases): • ICD.3050.IA (refusal with a right of appeal) • ICD.1182.IA (refusal with section 94 certification) • ICD.3051.IA (refusal with no right of appeal because not a fresh claim under paragraph 353) • ICD.3052.IA (refusal with no right of appeal because of section 96 certification) In the UK : applicant is detained Any human rights claim must be made direct to a prison officer, a prisoner custody officer, a detainee custody officer or a member of Home Office staff at the migrant’s place of detention. See paragraph GEN.1.9 Appendix FM, of the Immigration Rules. There is no requirement to complete a specific form or follow a specific process. Where removal is imminent, it is more likely that the applicant will not be required to follow a formal process to make a claim. The individual to whom the claim is made should pass the submissions made to a member of Home Office staff to consider the questions in Determining if a human rights claim has been made to establish whether a human rights claim has been made. Notices to be served If a human rights claim has been made, its refusal will attract an appeal right. If removal is imminent, consideration should be given to certification of the claim under section 94 (clearly unfounded) or section 96 (late claim). The appropriate notice from the following should be served (except in deportation cases): • ICD.3050.IA (refusal with a right of appeal) • ICD.1182.IA (refusal with section 94 certification) • ICD.3051.IA (refusal with no right of appeal because not a fresh claim under paragraph 353) • ICD.3052.IA (refusal with no right of appeal because of section 96 certification)