Right of Appeal Human Rights Claim Refusal

This relates to Right of Appeal Human Rights Claim Refusalright os appeal human rights claim refusal. Accordingly, the post explains the appeal rights against the refusal of protection and human rights claim. Moreover, the post also explains the circumstances in which a person might have an appeal’s right under the Immigration Act 2014 and other immigration legislation in the UK.

Refusal of Human Rights Claim- Rights of Appeal

U/S 82 of the 2002 Act an individual has a right of appeal in the following situations:

  • refusal of a protection claim;
  • a human rights claim is refused;
  • revocation of a protection status.

Protection Claim

Protection Claim is a claim that by removing the claimant from the United Kingdom, the government would breach its responsibilities:

  • under the Refugee Convention; and
  • concerning persons eligible for humanitarian protection.

Accordingly, a protection claim merely not only includes asylum claims but also claims from applicants who might fall outside the Refugee Convention. Such applicants may qualify for humanitarian protection as if removed from the United Kingdom these applicants might/would be at risk of serious harm, as enumerated in paragraph 339C of the Immigration Rules.

An applicant may apply for a protection claim if the applicant has a leave u/s 3C of Immigration Act 1971 as a result of an ongoing and continuing appeal against the refusal of another application.

Immigration Rules Part 11: Asylum

Grant of Humanitarian Protection

339C. A person will be granted humanitarian protection in the United Kingdom if the Secretary of State is satisfied that:

(i) they are in the United Kingdom or have arrived at a port of entry in the United Kingdom;
(ii) they do not qualify as a refugee as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006;
(iii) substantial grounds have been shown for believing that the person concerned, if returned to the country of return, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail themselves of the protection of that country; and
(iv) they are not excluded from a grant of humanitarian protection.

339CA. For the purposes of paragraph 339C, serious harm consists of:

(i) the death penalty or execution;
(ii) unlawful killing;
(iii) torture or inhuman or degrading treatment or punishment of a person in the country of return; or
(iv) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

Protection Status

A person has ‘Protection Status‘ if he/she is granted leave to enter or remain as a refugee or as an individual eligible for humanitarian protection.

As per the Asylum Policy Instructions, a person who does not qualify for a refugee status is required to be considered for humanitarian protection. However, if in case an asylum claim is granted, there will be no need to consider whether the applicant is eligible for a humanitarian protection or not.

If an asylum claim is refused to an applicant, but humanitarian protection is granted, then there is a right of appeal possible against the refusal of asylum on the basis that the applicant ought to have been granted a refugee status. This concedes the fact that the grant of refugee status renders more benefits to the applicant than those conferred by grant of humanitarian protection.

If an asylum claim results in a grant of refugee status, then the protection claim has succeeded at its highest level and accordingly there is no right of appeal on other protection grounds.

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Related: Human Rights Application UK VisaChallenge a UK Visa Refusal DecisionRights of Appeal after Immigration Act 2014, UK Visa Appeal ProcessGrounds of AppealAppeal NoticesUK Visa Appeals Legal FrameworkLodging an Appeal and Immigration Rules Part 11: Asylum Guidance