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Guidance: Certification guidance for non-EEA deportation cases: section 94B

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 the person liable to be deported would not, before the appeal process is exhausted, face a real risk of serious irreversible harm if sent back to the country of return.

Certification under section 94B means the right of appeal against the decision to refuse the human rights claim will not stop you being removed. Any appeal can only be heard out of country. The EEA Regulations have also been... changed to allow non-suspensive appeals in certain EEA cases. Separate guidance is available for EEA cases.