Part 4: Appeals Section 63: Appeals from within the UK: certification of human rights claims
Section 94B of the 2002 Act provides the Secretary of State with the power to certify that the temporary removal of a person liable to deportation (usually, a foreign national offender) pending the outcome of that person’s appeal against a decision to refuse his or her human rights claim, would not breach the UK’s human rights obligations. Where this power is exercised an appeal may only be brought (or continued) from outside the UK.
	Subsections (2), (3) and (6) amend section 94B and section 92 of the 2002 Act by removing the existing restriction which limits the use of the power to those liable to deportation. The effect is to extend the Secretary of State’s power to certify claims on this basis, to all those who have made a human rights claim (and are subject to immigration control), provided that their removal pending appeal does not breach their human rights (or those of any other person affected by the decision). This is consistent with the case-law of the European Court of Human Rights, which does not require that appeals against all human rights claims must suspend removal.
	Subsections (4) and (5) amend section 94B of the 2002 Act to bring the scope of the power in line with the definition of a human rights claim in section 113 of the 2002 Act. The effect is to extend the certification power beyond appeals related to removals, such that it also includes circumstances where the individual is refused entry or required to leave the UK.
	The Secretary of State must still consider, in each case, whether temporary removal would breach the UK’s human rights obligations. This consideration will include an analysis, in particular, of whether the person concerned would face a real risk of serious irreversible harm if removed pending the outcome of the appeal. Where such a risk arises, or where removal would otherwise breach the person’s human rights (or those of any other person affected by the decision), the claim will not be certified. Where the appellant has been removed but succeeds in the appeal, and there is no relevant change of circumstances or other matter which comes to light in the interim, the person will be allowed to return to the UK.