Section 94B — Nationality, Immigration and Asylum Act 2002: Appeal from within the United Kingdom: certification of human rights claims ...

Appeal from within the United Kingdom: certification of human rights claims ... 94B 1 This section applies where a human rights claim has been made by a person (“P”) ...

2 The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, refusing P entry to, removing P from or requiring P to leave the United Kingdom , pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

3 The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if refused entry to, removed from or required to leave the United Kingdom .