APL05 - Appeals on asylum grounds

This is internal guidance for use by entry clearance staff on the handling of appeals lodged outside the United Kingdom (UK). It is a live document under constant review and is for information only.

APL5.1 Appeals on asylum grounds

Under section 95 of the Immigration and Asylum Act 2002, an applicant refused entry clearance cannot appeal on asylum grounds. Only people who are in the UK can appeal on the grounds of asylum. Section 84(1)(g) of the Immigration and Asylum Act 2002 lists removal in breach of the 1951 Refugee Convention as a ground of appeal which may be raised in any appeal.

If an appellant appeals on the grounds that the refusal breached the 1951 Convention or on asylum grounds, the ECO should simply refer to section 95 of the Immigration and Asylum Act 2002 in his explanatory statement.