Policy background Appeals
Section 82 of the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act"), as amended by the 2014 Act, sets out when there is a right of appeal to the Tribunal against a decision to refuse a human rights or protection claim (including an asylum claim), or the revocation of protection status. Section 92 of the 2002 Act sets out the circumstances in which the appeal must be brought while a person is in the UK and the circumstances in which the appeal cannot be brought until a person who is in the UK has left the country. A person may not bring an appeal while in the UK when the Secretary of State has certified a protection or human rights claim as clearly unfounded under section 94 of the 2002 Act, or when a human rights claim has been certified under section 94B of the 2002 Act. The latter power was inserted by the 2014 Act. It states that a human rights claim made by a person liable to deportation can be certified where it is considered that the temporary removal of such a person pending the outcome of an appeal would not breach the UK’s human rights obligations, including where removal would not create a real risk of serious irreversible harm.
	For completeness, a power also exists in section 97A of the 2002 Act to prevent a person bringing an appeal while in the UK when the Secretary of State certifies that removal would be in the interest of national security. This latter power also allows the Secretary of State to certify in national security cases that the temporary removal of the appellant pending the outcome of an appeal would not breach the UK’s human rights obligations (this provision was added by section 54 of the Crime and Courts Act 2013).
	The certification power in section 94B of the 2002 Act has become known in common parlance as the "deport first, appeal later" rule. The Conservative Party Manifesto commits the Government to extending this power beyond cases where persons are liable to deportation, who are principally foreign national offenders, to all human rights appeals. The Act implements this commitment by amending section 94B to remove the limitation that the power can only be applied in deportation cases.