Human Rights

Human Rights

You may be able to apply to remain or enter the UK on the basis of your human rights. You can speak with one of our dedicated human rights lawyers who can advise you on your immigration status and whether you have a sufficiently strong human rights case.

On 9 July 2012 significant changes were made to the way in which the Home Office will consider a human rights application. Appendix FM was introduced to the Immigration Rules dealing with applications from family members (although the Rules do not cover every situation in one may claim leave or entry to the UK). The Rules are said to reflect the position of the Secretary of State as to how the balance should be struck between the rights of an individual and the public interest when a human rights application is made.

Since 9 July 2012successive governments have tried to limit the application of human rights both in deportation and non-criminal cases. This is a constantly changing area of law and therefore many cases come before the Court of Appeal and Supreme Court in order to establish the correct approach one must take in a human rights application. The Courts have often found that the Secretary of State must judge whether the relevant Immigration Rules are met and if not to look at whether there  are circumstances ‘outside’ of the Rules, i.e. on a human rights basis, to grant leave or entry to the UK.

Article 8 ECHR

The European Convention on Human Rights and Fundamental Freedoms (ECHR) protects the right to family and private life. The ECHR was transposed into English law by section 6 of the Human Rights Act 1998  . In order to successfully apply on a human rights basis we will ask you to provide extensive evidence of your circumstances in the UK and prove why it would be disproportionate for you and/or your family to leave the UK. It is very important that sufficient time is made available to prepare your application as to ensure it will be successful.

Family life

This may include a relationship with a spouse, unmarried partner, same sex partner,child or relative. Those family members will usually either be British or have settled status/Indefinite Leave to Remain in the United Kingdom. (A different regime is available for family members and extended family members of EEA nationals). Relationships with wider family members and those between adults (in the context of ECHR) are generally more difficult to prove, and will only succeed if highly relevant evidence is shown and undue hardship is found should separation take place.

Any child affected by an immigration decision is protected in accordance with Section 55 of the Borders, Citizenship and Immigration Act 2009, having regard to the need to safeguard and promote the welfare of children in the United Kingdom. The best interests of a child is a primary consideration but not the only consideration the Home Office will take into account when considering an application.

Private life

An individual may apply to remain in the UK on the basis of his private life in the UK. This may include where a person has spent 20 years in the UK unlawfully, 7 years continuous residence as a child where it would be unreasonable for the child to leave the United Kingdom, spending over half of one’s life in the United Kingdom and being aged under 25 years and their being very significant obstacles to integration in the proposed country of return. It may be possible in exceptional cases, where the Rules are not met, for someone with a very strong private life to succeed in their case, however in practice the Home Office often refuse these type of applications meaning that the prospects of success are usually higher at the appeal stage, i.e. the First-tier Tribunal (Immigration & Asylum Chamber), see further below).

Other human rights

Article 8 ECHR is the provision that is most relied upon by human rights solicitors in the context of an immigration matter there are other articles of the convention that may be relevant to your case. For example Article 2 – the right to life, Article 3 – the right not to be subjected to inhuman and degrading treatment or torture (in the context of an asylum or humanitarian claim), Article 6 ECHR – the right to a fair trial, and Article 5 – the right of liberty in the context of a immigration bail application.. At Qore Legal , our expert human rights solicitors have an extensive knowledge of human rights law and will therefore be able to advise you what provisions apply in your case.

Asylum and humanitarian protection

At Qore Legal  we have a small but niche asylum practice that is privately funded (we do not offer legal aid). In order to qualify as a refugee one must show a “well-founded fear of persecution” for one of the 5 reasons set out in the 1951 Refugee Convention, namely; race, religion, nationality, membership of a particular social group and political opinion. Furthermore, even it is accepted that there is a well founded fear of persecution the individual must also demonstrate that it would be unreasonable to expect them to relocate within their country of origin. A claim under Article’s 2 and 3 often go hand in hand with a claim for asylum.  is the applicant needs to prove that there is a “real risk” of “serious harm” for thea grant of humanitarian protection to be accepted. . Our human rights lawyers offer a professional and bespoke service  based on years of experience dealing with these type of claims.. We have a proud record of successfully representing clients who have achieved refugee status.. We are both suitably qualified and experienced to assist our clients both when claiming asylum and at a Home Office interview..

Our Service

Our human rights lawyers can assist with your human rights application and provide bespoke submissions to accompany your application in order to persuade the Home Office to accept your application. We will advise you on the merits of your application and provide you with advice regarding the relevant evidential requirements you will need to satisfy. We will take you through the immigration process from start to finish and use our many years of experience to ensure your application is prepared thoroughly.

Contact our Human Rights Solicitors London, UK

Qore Legal  is based in Central London and we assist clients from throughout England. We also specialise in immigration services for Chinese companies and individuals. For human rights law advice, please contact a human rights solicitor at Qore Legal – call 020 3946 2560, email info@qorelegal.co.uk or use our online contact form.