Section 94B: Appeal from within the United Kingdom: certification of human rights claims ...

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

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

This section applies where a human rights claim has been made by a person ("P") ...

The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, refusing P entry to, removing P from or requiring P to leave the United Kingdom , pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if refused entry to, removed from or required to leave the United Kingdom .

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