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Guidance: Section 94B of the Nationality, Immigration and Asylum Act 2002

Updated: Updated guidance.

Section 94B of the Nationality, Immigration and Asylum Act 2002 allows a human rights claim to be certified where the appeal process hasn’t started or is not yet exhausted if deporting the person before the appeal process is exhausted would not be unlawful under section 6 of the Human Rights Act 1998.

Certification under section 94B means the right of appeal against the decision to refuse the human rights claim will not stop you being removed. You will only be able to submit an appeal after you have left the UK.

If you are an EEA national or the family member o... f an EEA national you can read the guidance for regulation 24AA of the Immigration (European Economic Area) Regulations 2006.