The European Convention on Human Rights (ECHR) sets out to protect individuals’ human rights and is part of UK law.
It is unlawful for a public authority (which includes the Home Office) to act in a way that is incompatible with a Convention right and it is possible to challenge a decision made by a public authority that has interfered with the rights recognised under the ECHR.
In immigration cases, a Human Rights claim can be the basis for or form part of an application to enter or remain in the UK. A Human Rights claim may form part of a private life or family application or a protection claim.
It is particularly important that if Human Rights is relevant to an applicant that this is specifically raised so that it is considered by the Home Office and also so that a right of appeal can be sought if an application is refused.
Ahead of proceeding it is important that an applicant has a good understanding of the requirements of both the relevant statutory provisions and the Immigration Rules that need to be met and also of how the Home Office assesses these types of applications.
Key to success is ensuring that the necessary supporting documentation is prepared and submitted to establish a claim.
Our specialist team in Newcastle upon Tyne and South Shields have many years’ experience in dealing with these types of applications. We can advise on initial applications, extensions of stay and Indefinite Leave to Remain. We can also advise on challenging decisions where applications are refused.