Immigration Law and Human rights Act goes hand in hand, this act is used in different circumstance based on your circumstance and the situation around you or your Family
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 criteria.
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.
Providing you can meet with the above criteria, we can assist with your Human Rights application and queries. Our expert team of Immigration 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 application and avoiding unnecessary expense of re submitting your application to the Home Office.
The Human Rights Act
The European Convention on Human Rights (ECHR) was effected 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 rights in this area are; Article 3 of the Human Rights Act 1998. which prohibits 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, or inhuman 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 a serious and unjustified interference with your family or private life if you are removed from the UK. However the concept of private life is wide, it can encompass the right to pursue a business without undue interference from state authorities.
Although the Act does not apply to private individuals or companies (except where they are performing public functions), sometimes a public authority has a duty to stop people or companies abusing your human rights. For example, a public authority that knows a child is being abused by its parents has a duty to protect the child from inhuman or degrading treatment.
Who is protected by the Human Rights Act?
The Human Rights act covers everyone in the United Kingdom, regardless of citizenship or immigration status. Anyone who is in the UK for any reason is protected by the provisions in the Human Rights Act.
The rights in the HRA are known as ‘justicable’, which means that if an individual thinks they have been breached, they can take a court case against the public sector body that has breached them.