Human Rights and Immigration Law
If you have had lodged an unsuccessful application to enter or to remain in the UK, you can appeal against this decision, under the ambit of the Human Rights Act 1998, providing you can meet the criteria to suffice the Human Rights Requirements.
An application made under this Human Rights Act is called a Discretionary Leave application. Since 9 July 2012, Human Rights are considered under paragraph 276 ADE of the Immigration Rules; the applicant should be able to prove that there are exceptional, compassionate and compelling circumstances.
In order to make a successful application, you will need to satisfy one of the following criteria:
- The applicant must have resided continuously in the UK for at least 20 years
- The applicant must be under the age of 18 years of age and have resided continuously in the UK for at least seven years
- The applicant must be aged 18 years or above but under 25 years and have spent at least half of their life residing continuously in the UK
- The applicant must be aged 18 years or above and have resided continuously in the UK for less than 20 years and have no social, cultural or family ties with their country of origin.
Providing you can meet with the above criteria, we will be able to assist you with your Human Rights application and queries.
Human Rights Act
The European Convention on Human Rights (ECHR) was affected into UK law by the Human Rights Act 1998.
To meet the requirements on the grounds of Human Rights, you must be unable to go back to your country of origin as there is a genuine risk that you will be exposed to torture, inhuman or degrading treatment or punishment in the country to which you return
The following are generally considered as Human Rights and freedoms:
- The right to liberty and security
- The right to no punishment without law
- The right to fair trial
- The right to respect private and family life
- The right to marry
- The right to a remedy of human rights abuses
- Freedom of thought, conscience and religion
- Freedom of expression
- Prohibition of discrimination
- Freedom of assembly and association
- Prohibition of torture
- Prohibition of slavery and forced labour
- Prohibition of the abuse of rights
How Can We Ensure Your Human Rights Case is Successful?
The law in this area changes and develops with great frequency and there are a vast array of cases. Our legal experts can guide you through this complex minefield of case law and get success on your case with good arguments, adopting a strategy in which case law is applied to your circumstances.