Human Rights Claim

If you are reading this information then you must be aware that Human Rights applications are complex in nature and the claim is mainly made under Article 8 of the European Conventions on Human Rights (ECHR). If a public authority breaches your human rights or that of your family member, you may be able to take action under the Human Rights Act in the UK courts. This area of UK immigration is ever changing because it is a vast area where the UKVI considers leave to remain applications such as FLRM, FLRFP or an indefinite leave to remain on the basis of long residence as a Human Rights Claim. If your human rights application is refused, it will generate a right of appeal from in-country as long as it is not certified as unfounded. Almost half of the UK Immigration Judicial Reviews somehow relate to human rights challenges.

At Immigration Solicitors 4me, we have solicitors who have a practical experience of dealing with the most complex immigration applications and subsequent challenges and/or appeals. If you are finding the human rights applications and challenges as complex and frustrating, please arrange a consultation with one of our human rights law experts who will provide you a case specific and most accurate advice in your matter.

If you are detained, facing removal or deportation from the UK and you have reasons to make a human rights claim, do not delay because this delay could be damaging to your case in the long run. The UK Immigration Rules state that you have a continuing duty to inform the Secretary of State of any change in your circumstances or reasons for claiming a leave to remain in the UK. The Article 8 of the ECHR states:

  • (1) Everyone has the right to respect for his private and family life, his home and his correspondence.
  • (2) 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.

In most cases, even though the Home Office accepts that the right to private and family life exists and decision may interfere in such right but the decision is then defended under sub section (2) above stating that this interference is proportionate to achieve a legitimate purpose. This is a vast area with definitions, explanations and guidance from various case laws and you may need an expert advice who could simplify your matters for you.

Please do not hesitate to call for an assessment of your case.