Human Rights Claims
What Are Human Rights Claims in Immigration Law?
Understanding Human Rights Claims Under UK Immigration Law
These claims may be appropriate if returning to your home country would result in inhuman or degrading treatment, or if removal would unjustifiably interfere with your family or private life in the UK.
Human rights claims engage the UK’s obligations under the European Convention on Human Rights (ECHR) and provide protection for individuals who cannot qualify under normal immigration routes but have compelling reasons to remain in the UK.
Main Types of Human Rights Claims
Article 8: Right to Private and Family Life
Article 8 protects your right to private and family life and is commonly used in immigration cases where removal would cause unjustifiable interference with established family relationships or private life in the UK.
Article 8 claims often involve individuals who:
- Have lived in the UK for a long time
- Have British children or partners
- Have established strong private life connections to the UK
- Face exceptional circumstances if removed
Article 3: Prohibition of Torture and Inhuman or Degrading Treatment
Article 3 provides protection against torture and inhuman or degrading treatment. In immigration contexts, this applies when returning someone to their home country would expose them to treatment that breaches Article 3.
Article 3 claims may be appropriate if removal would result in:
- Torture or inhuman treatment in your home country
- Degrading treatment due to personal circumstances
- Exceptional circumstances that would make removal inappropriate
When Should You Make a Human Rights Claim?
Circumstances for Human Rights Applications
You should consider making a human rights claim if:
- You cannot qualify under normal immigration routes
- You have compelling reasons to stay in the UK due to your family life, health, or personal history
- Removal would breach your rights under the European Convention on Human Rights
- You have established significant ties to the UK that would be disproportionately affected by removal
Human rights claims provide an important avenue for protection when standard immigration applications are not available or appropriate for your circumstances.
Claims Based on British Children
Can You Apply Based on Your Children Being British Citizens?
Yes, if you are the parent of a British child, you may have strong grounds under Article 8 to remain in the UK. The Home Office is required to consider the best interests of children when making immigration decisions.
- Claims involving British children often consider:
- The welfare and best interests of the child
- The impact of separation or removal on the child
- Whether the child’s welfare needs can be met elsewhere
- The child’s ties to the UK including education and social connections
Having British children does not guarantee success, but it provides an important basis for human rights protection under Article 8.
Evidence Requirements for Human Rights Claims
What Evidence Is Needed for a Human Rights Application?
Comprehensive evidence is essential for strong human rights applications. Required documentation typically includes:
Identity and Relationship Evidence:
- Identity documents
- Proof of relationships with family members in the UK
- Birth certificates, marriage certificates, or civil partnership certificates
Residence and Integration Evidence:
- Evidence of long residence in the UK
- Documentation showing your integration into UK society
- Employment history, educational achievements, community involvement
Medical and Personal Circumstances:
- Documents showing why you cannot return to your home country
- Country guidance and expert evidence about conditions in your home country
- Personal evidence about risks you would face if removed
Fresh Claims and Further Applications
What If Your Previous Application Was Refused?
If your previous human rights application was refused, you may still have options to pursue your case:
Fresh Human Rights Claims: You may be able to make a fresh human rights claim if:
- New evidence has emerged since your previous application
- Your circumstances have changed significantly
- There are new developments in country guidance or law
Appeals Process: You may be able to lodge an appeal against the refusal of your human rights claim, depending on your circumstances and the grounds for refusal.
Further Submissions: Further submissions may be appropriate if you have additional evidence or information that was not available for your previous application.
Professional legal advice can help determine the best route forward based on your specific circumstances and the reasons for any previous refusal.
Application Process and Legal Support
How Are Human Rights Claims Prepared?
Strong human rights claims require careful preparation with evidence-based applications and representations tailored to your unique circumstances. Professional legal support involves:
Case Assessment:
- Detailed review of your circumstances
- Identification of relevant human rights grounds
- Assessment of strength of potential claims
Evidence Gathering:
- Comprehensive collection of supporting documentation
- Obtaining expert reports where necessary
- Preparing witness statements and personal testimony
Application Preparation:
- Drafting detailed legal submissions
- Ensuring compliance with Home Office requirements
- Presenting evidence in the most compelling way
Ongoing Support:
- Assistance with fresh claims if initial applications are refused
- Appeal representation where appropriate
- Advice on further submissions and additional evidence
Frequently Asked Questions
What is a human rights claim in immigration law?
It is a legal application based on your rights under the Human Rights Act 1998, particularly when removal from the UK would breach your right to private and family life or subject you to inhuman or degrading treatment.
When should I make a human rights claim?
You should make a claim if you cannot qualify under normal immigration routes but have compelling reasons to stay in the UK due to your family life, health, or personal history.
Can I apply based on my children being British citizens?
Yes, if you are the parent of a British child, you may have strong grounds under Article 8 to remain in the UK. The Home Office is required to consider the best interests of children when making decisions.
What evidence is needed for a human rights application?
This includes identity documents, proof of relationships, evidence of long residence in the UK, medical reports, and any documents showing why you cannot return to your home country.
What if my previous application was refused?
You may still be able to make a fresh human rights claim or lodge an appeal if new evidence has emerged or your circumstances have changed. Professional legal advice can help determine the best route forward.
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