Part 2: Asylum Chapter 7: Appeals Section 28: Claims certified as clearly unfounded: removal of right of appeal
Overview: This section removes the out-of-country right of appeal for human rights and protection claims that are certified as clearly unfounded.
	Background: Currently if an asylum claim is determined as being clearly unfounded and certified under section 94 of the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act"), the claimant is provided with an out-of-country right of appeal. However, for asylum further submissions, which in effect are repeat asylum claims, the test is higher – namely "the claimant has to show that their claim has a realistic prospect of success" in order to be provided with a right of appeal. This creates a perverse situation whereby certain claimants with unfounded claims are given a right of appeal, whereas others who have claims that have a low or unrealistic prospect of success (but are not themselves entirely without merit) are not given such right to appeal.
	Subsection 2 amends section 92 of the 2002 Act, removing the out-of-country right of appeal where a human rights or protection claim certified under section 94. It also removes the right to continue an in-country appeal as an out-of-country appeal if an appellant leaves the UK, if the human rights or protection claim that they are appealing has been certified as clearly unfounded.
	Subsection 3 amends section 94 of the 2002 Act, removing the right of appeal against a human rights or protection claim that has been certified as clearly unfounded.
	Subsection 4 limits the application of this section to human rights or protection claims that are certified after this section comes into effect.