UTIAC 1. The current statutory appeal regime requires a decision to be made on a human rights claim. Without a claim and without a decision there is no appeal.
2. Where a claim has already been determined, submissions made subsequent to that require a decision as to whether they amount to a claim. Paragraph 353 of the Immigration Rules provides the mechanism to determine whether they amount to a claim the refusal of which enables a right of appeal.
3. Commencement Order 2014/2928 brings those whose deportation decision (which includes a decision to refuse to revoke a deportation order) was made after 10th November 2014 into the statutory scheme in the Nationality Immigration and Asylum Act 2002 as amended by the Immigration Act 2014, irrespective of when they were convicted of a criminal offence.
Coker, Kebede UTJJ
[2015] UKUT 169 (IAC)
Bailii
England and Wales
Cited by:
Cited – Robinson (Formerly JR (Jamaica)) v Secretary of State for The Home Department SC 13-Mar-2019
Statutory right of appeal against decisions by the Secretary of State for the Home Department to refuse protection claims and human rights claims under Part 5 of the 2002 Act. Where a person has already had a human rights claim refused and there is . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 16 January 2022; Ref: scu.547331
