Immigration Appeals: Human Rights Claims (Hansard, 29 October 2001)

§ Lord Rooker

The current position with regard to human rights representations against decisions served before 2 October 2000 is that people appealing against immigration decisions made before 2 October 2000 cannot benefit from this appeal right which is not retrospective. But they could make a separate human rights claim and would have the opportunity to appeal except in those instances where the human rights issue had already been considered by the appellate authority or the courts, or there had been findings of fact at an earlier appeal which mean the human rights claim is bound to fail.

The exception does not apply to people who had an appeal pending or could have lodged appeals in time to the Immigration Appeals Authority on 2 October 2000. If they make a human rights claim and it is rejected, they will be able to make an allegation and they will be given an opportunity to appeal to the Immigration Appeals Authority.