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Asylum & Human Rights Applications
Asylum & Human Rights
Scope of the European Convention on Human Rights
Under the Human Rights Act 1998, it is illegal for any public authority, including the Home Office (UK Visas & Immigration) and its immigration officers, to act in a manner that conflicts with the rights established by the European Convention on Human Rights (ECHR).
Eligibility for Leave to Remain on Human Rights Grounds
The protections provided by the ECHR apply to all individuals within the United Kingdom, as well as those under the authority and control of UK immigration officials.
Human Rights Applications
You may qualify for leave to remain in the UK if requiring you to leave would violate your human rights. Those facing an eligible immigration decision have the right to appeal to the Immigration Tribunal on the grounds that the decision breaches their human rights.
The ECHR provisions most commonly engaged in immigration cases include:
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Article 3: Prohibition of torture and inhuman or degrading treatment or punishment.
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Article 8: Right to respect for private and family life.
Article 3 is an absolute right, meaning it cannot be breached under any circumstances. If being forced to leave the UK would expose you to a real risk of ill-treatment (e.g., by the government or non-state agents) or deny you essential medical care for a serious condition, the UK may need to grant you leave to remain.
Article 8 is a qualified right, meaning that any interference with your private and family life must be disproportionate to be considered a breach. In immigration contexts, this right is often weighed against the state's right to control immigration and protect its economic interests.
If you have a partner and/or child in the UK, a decision requiring you to leave may breach Article 8 by separating you from your family. It may also be breached if you have lived in the UK for an extended period and formed significant ties here.
The Home Office is required to consider the best interests of any child involved in its immigration decisions.
How Can We Help?
We, at Pinnacle Immigration are highly experienced in preparing strong human rights-based applications and successfully appealing Home Office decisions on human rights grounds. We have experts in the immigration options available to those seeking to remain in the UK on human rights grounds and can guide you through the complex Home Office rules, policies, and case law. Get in touch today with one of the options below!
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