Commentary on Sections Appeals Section 12: Asylum and human rights claims: definition
31.Section 12 amends section 113 of the Nationality, Immigration and Asylum Act 2002. In particular it removes from the definitions of “asylum claim” and “human rights claim” the requirement for the claim to be made in person at a place designated by the Secretary of State. It is proposed instead to specify the circumstances where asylum and human rights claims would need to be made in person in Immigration Rules made under section 47.
32.The section also clarifies that further submissions that follow the refusal of an asylum or human rights claim will only attract a right of appeal if the Secretary of State considers they amount to a fresh claim.