Individuals’ fundamental rights and freedoms have been laid out in the Human Rights Act of 1998, which prohibits any public authority, including the “Home Office,” from acting in a way that conflicts with the European Convention on Human Rights (ECHR).
HUMAN RIGHTS GROUNDS FOR AN APPLICATION FOR LEAVE
Human rights violations must be proven before a claim can be made. Refusal to grant a person permission to enter or remain in the United Kingdom is one of the most common reasons for a lawsuit. It is Article 3, which prohibits torture and inhuman or degrading treatment/punishment, and Article 8, which deals with the right to respect for private and family life, that is most relevant in an immigration context.
If an individual is forced to leave the UK, but is at risk of being mistreated by state or non-state agents in their home country or of having critical medical care withdrawn because of a serious medical condition, an Article 3 breach is likely to occur. It’s important to remember that Article 3 is inviolable and cannot be violated in any way. Article 8 of the European Convention on Human Rights may be violated if an individual is denied leave or is removed from the UK and is separated from their partner or family. A violation of Article 8 is only a violation if the interference by the Home Office is deemed to be disproportionate, which is the case here. He has a duty to strike a reasonable balance between immigration control and respect for private and family life. Unless the Home Office certifies that the claim is clearly unfounded, Human Rights claims have a right of appeal to the Immigration Tribunal.
When considering an applicant’s residency status in the UK, it is common for the Home Office to take into account an applicant’s length of time here as well as their impact on family members, including the best interests of their children. In addition, a leave to remain application can be submitted for any other reason not covered by a FLR application form (HRO).
WHAT CAN WE DO FOR YOU
We have a vast amount of experience working with clients on human rights, family, and private life visas. A thorough evaluation of the circumstances of the applicant can be done to determine whether or not the refusal would violate any human rights. Then, necessary legal submissions can be prepared in accordance with current case laws based on that evaluation. We pride ourselves on being approachable, innovative, and always going the extra mile to ensure that our clients get the individual attention they deserve.. It is our goal to provide our clients with clear, transparent, and reliable advice.
QUESTION AND ANSWER
Q: CAN ALL HUMAN RIGHTS APPLICATIONS BE APPEALED?
A: In most cases, the Home Office will grant an appeal unless the claim is clearly unfounded. A Judicial Review can be used to challenge this certification.
Q:CAN WE RELY ON THE ECHR AFTER THE UK LEAVES THE EU?
A: The UK’s ECHR obligations are distinct from its EU membership, and Brexit should have no impact on them.
Q:WHAT IS LEAVE OUTSIDE IMMIGRATION RULES?
A: Exemptions from immigration rules are normally granted to those in urgent need and not covered by immigration rules. If an applicant fails an Article 8 claim under the Immigration rules but succeeds in a huge way outside the Immigration rules due to exceptional compassionate circumstances, this is also possible.
Q: Does the Immigration Act allow for human rights claims?
A: Prior to 9 July 2012, the Home Office considered all applications under Article 8 of the European Convention on Human Rights (ECHR) outside the Immigration Rules and under its Discretionary Leave policy. The relevant paragraphs of the Immigration Rules for the consideration of such Article 8 claims are 276ADE for the private life factor and Appendix FM for the family life factor.
Q:HOW LONG IS THE HUMAN RIGHTS LEAVE GRANTED?
A: Any successful Human Rights application within or outside the Immigration rules is normally granted for a period of 2.5 years. After 10 years, applicants can apply for settlement if the circumstances warrant it.