The fundamental basic rights inherent to all persons are often termed as ‘human rights’. In the UK, human rights are largely protected by the Human Rights Act 1998, which incorporated the European Convention on Human Rights (‘ECHR’). More recently, the UK has attempted to incorporate human rights into the Immigration Rules although it is disputed as to the extent to which appropriate protection has been afforded to such rights. This has resulted in human rights based applications being made ‘inside the Rules’ and ‘outside the Rules’.
If you are in the UK, and do not satisfy the requirements for any other immigration application under the Immigration Rules, you may be eligible to make a human rights application ‘outside the rules’. You would need to evidence the fact that, if you are required to leave the UK, a fundamental human right would have been violated. This will be assessed on a case by case basis and is likely to involve a full case assessment of your circumstances as well as extensive perusal of relevant domestic and European jurisprudence to support the claimed violation(s) of your human right(s). As such, human rights applications are far from straight forward. Many involve substantial research, supporting statements and technical legal submissions. It is therefore very important that such applications are prepared properly with the necessary expertise and diligence.
If your claim falls within the parameters of international protection, we will advise you of the procedure and requirements for claiming asylum in the UK. For human rights applications, more so than others, the right legal representation at the right time could quite literally make all the difference to the outcome you receive.
If you require our assistance in making a human rights application, please give Baker Chase Solicitors a call on 0161 639 1888, email us at firstname.lastname@example.org or simply click the ‘Contact Us’ button on this page. One of our friendly, experienced and professional solicitors will be more than happy to assist you in any way we can.