Section 82 — Nationality, Immigration and Asylum Act 2002: Right of appeal to the Tribunal

Right of appeal to the Tribunal 82 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.