We received a request under the Freedom of Information Act 2000 (FOIA) for the following:
Details of policy/ instruction/ advice to staff regarding Human Rights representations made after decision to deport, but before deportation order signed.
In above cases, does Immigration and Nationality Directorate (IND) accept the representations as a fresh Human Rights claim (subject to certification power) where there has been no previous Human Rights claim and the asylum claim and appeal fell under the 1993 act.
In cases under Q 1, where IND accepts that there has been an Human Rights claim, but refuses it, does IND give a right of appeal by a) issuing a second decision to deport, b) arranging for the deportation order to be signed and treating the HR claim as an application to revoke the deportation order?
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