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 a certain criterion.
An application made under this Act is called a Discretionary Leave application. An application of this kind is made outside the ambit of the immigration rules and is based on exceptional, compassionate and compelling circumstances. In order to make a successful application, you will need to satisfy the following criteria:
- The applicant must have resided continuously in the UK for at least 20 years; or
- The applicant must be under the age of 18 years of age and have resided continuously in the UK for at least seven years; or
- 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; or
- 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.
How we can help with your Human Rights application?
Providing you can meet with the above criteria we can assist with your Human Rights application and queries. Our expert team of lawyers can assist you with the preparation of your application and ensure that you meet with all the requirements of the relevant Immigration Rules, we will ensure that all key points are substantiated with documentary evidence thereby leading to a successful Human rights application and avoiding unnecessary expense of resubmitting your application to the Home Office.
Human Rights Act
The European Convention on Human Rights (ECHR) was affected in the UK by the Human Rights Act 1998. This has opened up the number of options available to an applicant to stay in the UK, as it has enshrined and extended the basis upon which an individual could be allowed to remain in the UK for protection and humanitarian reasons.
The key area of human rights in this area to consider can be found in Article 3 of the Human Rights Act 1998. Prohibiting the use of torture, it states that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” If you have a genuine fear that you will be exposed to torture, inhumane or degrading treatment or punishment and you are being deported to your home country, you can utilise this right and avoid removal from the UK.
Article 8 of the Human Rights Act 1998 enshrines the Right to respect for private and family life, it stipulates that “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.” You can rely on Article 8 if you can show that you will face serious and unjustified interference with your family or private life following your removal from the UK. However broad the consideration for private life may be, the right to pursue a business without undue interference from state authorities is still retained.
As a consequence of the aforementioned legislation, a vast amount of case law has developed in which rights are discussed and substantiated. Asylum and Human rights are very complex areas of law, to make a successful application it is imperative to seek advice from an experienced, professional legal adviser, such as HS Legal.
We have a team of experts specialising in all aspects of Asylum and Human Rights, who would be able to guide you through the relevant legislation and case law and devise a strategy which will lead you to a successful outcome.
If you are already in the UK, you need to apply to the Home Office for asylum as soon as practicable. The home office endeavours to deal with such applications expediently and you may be detained whilst this is processed. You will also have to endure a lengthy interview in which you will have to explain the basis of your claim.
Our trained immigration lawyers would be able to guide you this process and devise a strategy which will facilitate a successful outcome.
A vast amount of cases are refused at the initial application stage. You do have the right to appeal, but you will have to adhere to complex rules and guidelines. If you do not appeal in time, you may lose the right to appeal.
We have a team of in-house experts specialising in all types of Human Rights Applications, they will assess your case and advise you on the best strategy to pursue. You will also be made aware of any pitfalls your case may incur.
Qualifying criteria for a Human Rights application:
To meet the requirements on the grounds of Human Rights application:
- 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.
The following are Human Rights and freedoms that are included:
- The right to liberty and security
- The right to no punishment without law
- The right to the 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
What we can do for you to ensure your Human Rights case is successful
The law in this area changes and develops frequently, with a vast array of case law. Our legal experts will guide you through the complex minefield of case law and legislation. The success of your case will depend on how well your case is argued, the type of strategy adopted and the manner in which case law is applied to your circumstances.
In addition, we will do the following:
- Conduct a detailed assessment of your personal circumstances to ensure this is the right course for you. If so then identify which category is applicable to your matter.
- We can ensure that we have the correct documents to strengthen and support your application.
- Complete and submit your Human Rights application.
- Keep you updated in regards to your application.
Why we provide the best legal advice in relation to your Human rights application
We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by theOffice of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your case from the outset; ensuring that neither time nor money is wasted and that no mistakes are made when it matters the most.
As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for human rights application, for any type of Visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making an application, thereby eliminating much of the stress of the application process.
Contact us for successful Human Rights application
Our experienced team of professionally qualified solicitors and barristers will guide you through the process step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your human rights adviser, call us for a telephone consultation today.
Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.