Policy paper

Immigration Bill: part 2 - appeals

Part 2 concerns rights of appeal.

Documents

Factsheet 5: Appeals

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Appeals impact assessment

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Factsheet 6: Article 8

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Statement of intent on administrative review

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Details

Part 2 amends rights of appeal, limiting immigration appeals to circumstances where there has been a refusal of a human rights or asylum or humanitarian protection claim, or where refugee status or humanitarian protection has been revoked.

It provides a power for the Secretary of State to certify that to require an appellant who is being deported to leave the UK before their appeal is determined would not cause serious irreversible harm, in which case the person may only appeal from outside the UK.

It also provides that a court or tribunal considering a claim that a decision is unlawful on the grounds that it would breach a person’s right to respect for private and family life under Article 8 of the European Convention on Human Rights must, in particular, have regard to the public interest and sets out what the public interest requires.

Published 10 October 2013