Human Rights Claims & Appeal Rights: MY (Pakistan)

In MY (Pakistan) v Secretary of State for the Home Department  [2021] EWCA Civ 1500 the Court of Appeal considered when an immigration “refusal decision” constitutes a “refusal of a human rights claim” for the purpose of the Immigration Act 2014.  

Background in MY Pakistan

The Secretary of State had refused an application for Indefinite Leave to Remain (ILR) under Appendix FM  as the victim of domestic violence, where the Appellant had raised a contention that his removal would be incompatible with his Convention rights. In her refusal, the Secretary of State did not consider whether there had been any potential breach of Convention rights because the Appellant should have raised this using a separate application and a different form.  There was no engagement with the human rights claim in the refusal decision.