502. Appeal on grounds of breach of human rights.

An appeal may be brought on the ground that removal in consequence of the decision appealed against would be unlawful under the Human Rights Act 19981 because it is incompatible with the appellant's human rights2. If that ground is relied on the First-tier Tribunal3 has to determine whether a hypothetical removal taking place at the time of the hearing would be unlawful in that sense even if the decision appealed against is not a decision to remove but to refuse further leave to remain and there is no foreseeable prospect of removal4, and even if the respondent undertakes not