Case No. UKUT-00090-(IAC)

• ICD.3050.IA (refusal with a right of appeal) • ICD.1182.IA (refusal with section 94 certification) • ICD.3051.IA (refusal with no appeal because not a fresh claim under paragraph Rule 353) • ICD.3052.IA (refusal with no appeal because of section 96 certification) In the UK : application outside the Immigration Rules Applications for leave to remain outside the rules on human rights grounds are made on forms FLR(O) for further leave to remain (LTR) and SET(O) for indefinite leave to remain (ILR). It is important to note that these forms are only to be used for human rights applications where there is no specific form available. For example, neither the FLR(O) nor the SET(O) should be used for applications under Appendix FM or on the private life route under paragraphs 276ADE and 276DE. Where the applicant uses the wrong form, you must reject the application as invalid under paragraph 34 Immigration Rules. These forms are multi-purpose and not all applications made on these forms are human rights claims. The FLR(O) and SET(O) forms require the applicant to tick a box indicating which application they are using the form for. Only one box may be ticked. It is only where the applicant ticks the box ‘Other purposes or reasons not covered by other application forms’ that it should be treated as a human rights claim. Though even if this box is ticked, the application may not be a human rights claim. In order to decide whether the application is one for a human rights claim, you should consider the following questions: • does the application say that it is a human rights claim? • does the application raise issues that may amount to a human rights claim even though it does not expressly refer to human rights or a human rights claim? • are the matters raised capable of engaging human rights?