A person may appeal whilst in the United Kingdom where an asylum or human rights claim has been made but not where there has been certification of that claim or claims as clearly unfounded. Certification under s.94 (2) operates even where a claimant seeks to rely on grounds available to a party under s. 84 of the 2002 Act. It is the claim (which may comprise asylum and human rights elements) that is certified, not the decision made on the claim, regardless of any grounds which might otherwise be raised against that decision.
Citations:
[2013] UKUT 379
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 18 May 2022; Ref: scu.515452
