Human Rights Claims
If you do not meet the strict requirements of the UK immigration rules, it is possible to ask the Secretary of State to consider your application under the Human Rights Act 1998. Although there is nothing to prevent you from asking the Secretary of State to consider a case under the Human Rights Act, where the requirements of the immigration rules are met, but it can help those who are likely to refused under the immigration rules but then go on to succeed on the Human Rights grounds.
Where applicable, you can appeal an immigration decision to refuse your application to the Immigration Tribunal on the basis that the immigration decision breaches your human rights.
Under the Human Rights Act 1998, it is unlawful for any public authority, to act in a way which is inconsistent with the rights set out within the European Convention on Human Rights.
The protection of the Human Rights Act applies to every person within the United Kingdom.
In the immigration context, the most commonly engaged human rights provisions are:
Article 3: prohibition on torture or inhuman or degrading treatment or punishment
Article 8: right to respect for private and family life
While the protection afforded to individuals by Article 3 of the Convention is absolute from torture or inhuman or degrading treatment, the protection afforded by Article 8 is qualified. This means violations by public authority of the right protected by Article 8 are permitted, but only if the violation can be shown to be in the pursuit of the interests specified in Article 8 (2).
This area of law is based on and evolved by case law. There is a substantial body of case law based on judgements of the European Court of Human Rights. As the principles in those judgements are examined by the UK Courts, the law changes and develops.
Recently the government became concerned that the human rights grounds were being abused and used as an attempt to prolong cases to circumvent removal from UK. The government has sought to limit its application by incorporating consideration of private life into the immigration rules.
There have been UK courts ruling since, endorsing independent consideration of human rights outside the immigration rules.
Our Services – Human Rights Application
We have assisted clients on complex human rights cases, including those who are subject to extradition requests. For expert advice and assistance with your human rights application, contact us.
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