Human Rights Application UK
Majority of Human Rights Application are based on article 8 – right to respect for private and family life. Home Office refers paragraph 276ADE to decide the private life factor of the Article 8 claim and Appendix FM to decide the family life of the Article 8 claim. At times, Immigration law and human rights law are intertwined. The Human Rights Act 1998 brings the provisions of the European Convention of Human Rights (ECHR) into UK law. This landmark treaty was drafted in 1950 by the Council of Europe. One of its main purposes was to ensure the horrors experienced by European citizens in the Second World War were never repeated.
Contrary to popular belief, Britain’s adherence to the ECHR is completely separate from its membership of the EU. This means that the UK’s exit from the EU will have no effect on its duties under the convention.
The experts at A Y & J Solicitors have years of experience working with immigration clients who have human rights claims, both through representation, and through maintaining an informative stance on current rulings and actions.
What Are the Eligibility Requirements for Making a Human Rights Application?
The two main articles of the European Convention on Human Rights (ECHR) which are used to make applications on human rights grounds are Article 3 and Article 8.
Article 3 provides:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
Article 3 prevents the British government removing someone from the UK to a country where there are substantial grounds for believing an individual will face a real risk of serious harm, including torture, inhuman or degrading treatment or punishment. Examples of this include:
- Being likely to suffer harsh imprisonment, torture or persecution if they are returned to their home country
- If you have a life-threatening illness and are receiving treatment in the UK and this treatment is not available in your home country
- If your home country is a war zone and/or suffers from conditions of severe impoverishment
The threshold for Article 3 claims is high; however, it is an absolute right, meaning there is no situation where it can be lawfully breached.
To make a claim under Article 3, you need the assistance of an experienced human rights lawyer to check if an application can pass the extremely high threshold. Our team will support you through the process, helping you to protect your safety.
Article 8 provides:
Human Rights Act Article 8 – Right to Respect for Private and Family Life
- Everyone has the right to respect for his private and family life, his home and his correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Many applications are made by families wishing to remain in the UK, under Article 8. This is because under the points-based system of immigration there is usually no right of appeal except under human rights grounds.
According to Article 8, individuals have a right to a private and family life that is free from state interference. As such, Article 8 applications may help keep families together, and prevent them from deprivation of private life.
When making an application for a Points-Based System visa, it is advisable to provide a route for an Article 8 appeal if possible. We can analyse the circumtances and prepare legal representation so that our clients have the right to appeal on human rights grounds wherever possible. This provides the ability to challenge a visa refusal in a more cost-effective way than bringing a judicial review.
How Do I Make a Human Rights Appeal if My Human Rights Application is Refused?
To make a human rights appeal on a Points-Based System visa, applicants may need the legal advice and representation of an experienced immigration lawyer. Our team can check that right from the start of your visa application any possibility of a human rights appeal is identified and incorporated in submission of application to UK Visas and Immigration (UKVI). If your human rights appeal is unsuccessful and a right of appeal it not given, we can work with you to bring a challenge on the refusal via judicial review if the case has merit.
What Are the Advantages of Making a Human Rights Appeal?
Challenging an immigration refusal by appealing is usually more cost-effective than judicial review. This is because an application for judicial review must be approved by the court before the procedure can begin. The approval process requires a great deal of preparation in itself, which increases the legal costs of a judicial review.
By identifying any human rights claim at the outset, our team can save you money, time and energy by improving the chances of a right of appeal on human rights grounds, should your visa application be refused.
Why Choose A Y & J Solicitors to Manage Your Human Rights Application or Human Rights Appeal?
Human rights claims, especially those involving Article 8, are complex. Our qualified lawyers at A Y & J Solicitors have extensive experience in this area, from visa application to appeal. Our client care goes far beyond the technicalities of law – we always offer honest and easy-to-understand advice, and we care deeply about our client’s situations. To this end, we provide sensitive, compassionate legal advice and representation; always ensuring you are kept fully informed of any development in your matter.
Relationships between spouses and parent and child almost always meet the criteria of ‘family life’, as do siblings who live with each other. In the Court of Appeal case of Pavandeep Singh v Entry Clearance Officer (ECO), New Delhi, Lord Dyson stated, “The existence or non-existence of “family life” for the purposes of Article 8 is essentially a question of fact depending upon the real existence in practice of close personal ties”.
Although there is no complete definition of private life, the European Court of Human Rights in Niemietz v Germany provided “‘The court does not consider it possible or necessary to attempt an exhaustive definition of the notion of “private life”. However, it would be too restrictive to limit the notion to an “inner circle” in which the individual may live his own personal life as he chooses and to exclude them from entirely the outside world not encompassed within that circle. Respect for private life must also comprise to a certain degree the right to establish and develop relationships with other human beings”.
Success Story on Human Rights Application
Human Rights Appeal for a NON-EU Child Living Over 7 Years in UK
Every parent wants to achieve the best for their children in all areas of their life. Mr. and Mrs. B both wanted the same for their child. Mr. B and Mrs. B’s immigration history was not stable, and they wanted to regularise everyone’s stay in the UK because their child had been in the UK…
A Y & J Solicitors’ Review
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