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Section 82: Right of appeal to the Tribunal

Nationality, Immigration and Asylum Act 2002 · 2002 c. 41View on legislation.gov.uk

Part 5: Appeals in respect of Protection and Human Rights Claims

A person ("P") may appeal to the Tribunal where—

the Secretary of State has decided to refuse a protection claim made by P,
the Secretary of State has decided to refuse a human rights claim made by P, or
the Secretary of State has decided to revoke P's protection status.

For the purposes of this Part—

a "protection claim" is a claim made by a person ("P") that removal of P from the United Kingdom—
would breach the United Kingdom's obligations under the Refugee Convention, or
would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
P's protection claim is refused if the Secretary of State makes one or more of the following decisions—
that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;
that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
a person has "protection status" if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection;
"humanitarian protection" is to be construed in accordance with the immigration rules;
"refugee" has the same meaning as in the Refugee Convention.

The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.