Human Rights Application Refused – Appeal Process
Human Rights Application Refusal Appeal is complex UK immigration matter, but it helps those innocent visa nationals when their right to private and/or family life is denied. UK government’s removed appeal rights under the Points-Based-System, except in situations where it is alleged that the refusal breaches the applicant’s human rights. It is very important that your lawyer understands human rights law and apply it very carefully, both at the visa application stage and when launching an appeal. Human rights law and immigration law are intertwined at this juncture.
At A Y & J Solicitors, our lawyers have enormous experience in handling immigration appeals based on human rights grounds. This is one of the exceptionally complex area of immigration law. We have a strong track record of achieving positive results for our clients.
What Are the Grounds for a Human Rights Appeal in UK Immigration Law?
The only valid ground in appeal for a PBS visa refusal (or Indefinite Leave to Remain stemming from leave on a PBS visa) can be a human rights claim. In most cases, claims are made under Article 8 of the European Convention on Human Rights.
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.
Article 8 was brought into UK law under section 6 of the Human Rights Act.
Unlike Article 3 (freedom for torture and persecution), Article 8 is not an absolute right. Art.8(2) provides that the government has the discretion to balance an individual’s right to family and private life with its rights to control immigration.
To establish the right to appeal on human rights grounds, you need to show that UK Visas and Immigration’s decision on your immigration matter breaches your right to private and/or family life in the UK.
How is Private and Family Life Defined under Human Rights?
The courts have defined in Niemitz v. Germany (Application No. 13710/88, Judgement of 16 December 1992) private and family life as follows:
“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 therefrom 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.”
Family life is presumed to exist between husbands and wives, civil partners and dependent children. Adult children and same-sex or opposite-sex partners may need to do more to establish family life, for example, show they have been living together in a relationship akin to marriage, have children who they are raising together etc.
With regards to adult children, the Court of Appeal stated in Singh & SSHD:
“A young adult living with his parents or siblings will normally have a family life to be respected under Article 8. A child enjoying a family life with his parents does not suddenly cease to have a family life at midnight as he turns 18 years of age. On the other hand, a young adult living independently of his parents may well not have a family life for the purposes of Article 8.”
Our team have an in-depth understanding of how private and family life are defined and can present persuasive arguments to the Tribunal that either or both states exist.
How A Y & J Solicitors Can Help with a Human Rights Appeal?
A Y & J Solicitors can help with every aspect of a human rights appeal including Spouse Visa Appeal when right to family life is denied. Our experts will prepare necessary paperwork and represent you before the tribunal or court.
We are SRA-regulated solicitor firm and authorised to manage complex immigration matters. Our expert lawyers have a great deal of experience preparing immigration appeals. Our past successes include quite complex and difficult appeal matters and our clients benefit from our ability to break down legal concepts into simple language. We offer caring service throughout the entire process from initial consultation until the hearing and the ultimate resolution.
In each case, we provide our clients with excellent customer service and a transparent fee structure with no hidden charges or extra costs.
We can accommodate our clients in a variety of ways, including in-house consultations at our central London office, or online / telephone meetings. Our staff and lawyers are fluent in a number of international languages, including Indian (incl. Hindi & Gujarati), Romanian, Albanian, Italian, French.
The courts must balance whether a Home Office refusal was proportionate with regards to the interference on the claimants private and family life. To establish this, it will consider elements of the appeal including whether the refusal was in the interests of national security or to prevent criminal activity.
The length of time it takes to conclude your appeal will depend on the complexities of your case. It sometimes takes several months. However, it is important to note that we try our best to resolve matters before a tribunal hearing taking place.
Success Story on Human Rights Appeal
Human Rights Appeals Reunites Child with His Parents in the UK
When Master B’s indefinite leave to enter application as a child based on sole responsibilities was refused, his step-father and mother were devastated. His parents decided to try to find out if it was worth going through the appeal process and contacted some professional firms that specialised in this type of legal issue but could…
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