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.
Brochure of Human Rights Appeal
Human Rights Appeal Immigration UK
You must be facing deprivation of your right to family life or private life if you are forced to leave the UK; OR You must be in a situation where you will make a difference to someone’s family life by receiving permission to remain in the UK; In some cases, when Home Office decision has denied you the right to stay in the UK, you may be given a Right of Appeal; The time frame for lodging an in-country appeal is very short; You require to present the facts before the judge in a strong way considering the right Law, so it is advisable to work with an experienced immigration lawyer who can represent your case in a professional and timely manner.
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Video on Human Rights Appeal
UK Immigration Appeal Process
We are a specialised UK immigration law firm.
Today I want to talk to you about UK immigration appeal.
You might be able to appeal to the First-tier TRIBUNAL if the Home Office has refused your ‘asylum claim’, human rights claim or made a decision under the EEA Regulations.
The tribunal is INDEPENDENT of government. A judge will listen to both sides of the argument before making a decision.
If you are having a full right of appeal, then you should consider seeking legal advice from an experienced immigration lawyer.
Let me share as to how we deal with the appeals at A Y & J Solicitors.
The first step is to review your case and find out the chances of success for an appeal, the fees involved and the recommended approach to your appeal.
It’s not always advisable to appeal a decision, so make sure you have an expert advice before moving forward.
You will then be asked to gather documents and information to support your appeal. It’s important
that this is done quickly, because the deadline for appeal is short and inflexible.
Next, the hearing preparation begins. Let me summarize this in 5 points.
Point 1 includes compiling evidence to support your appeal,
Point 2 includes the skeleton argument your lawyer prepares in your defence,
Point 3 includes any examples of case law that are pertinent,
Point 4 includes any violation of the Home Office’s policy guidance, and
Point 5 includes a detailed statement of your situation that is completely accurate in showing your circumstances.
Your lawyer will then help you get ready by reviewing all information and any questions you may be asked during your hearing.
Now, at the hearing stage, there is a set structure.
First you will have a pre-hearing conference with your lawyer to help you feel confident and calm. Next, a brief meeting takes place between your lawyer and the presenting officer of the Home Office. Occasionally a favourable decision could arise from this meeting, and the hearing could be shortened to a decision. If a decision could not be made, the skeleton argument is handed to the judge, and your case is presented. You will be asked questions by your lawyer and by the Home Office. Then after, closing submissions are heard from the both sides. The hearing would be concluded with a private meeting with your lawyer to ensure that you understand everything that was discussed.
Usually a decision about your appeal is given later and is received in writing. After you receive this decision, you meet with your lawyer —hopefully to celebrate your upcoming Visa!
The appeal process is technical and often complex, if you have any questions or require our assistance, please get in touch. We’ve processed many successful appeals, and we can help you too. Our contact details are at the bottom of this video.
Thank you and I look forward to hearing from you soon.
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