The Human Rights Act came into force in Oct 2000. It brought the European Convention of Human rights into domestic law. The Immigration rules must conform to the Human Rights obligations. Section 6 (1) of the act HRA demonstrates that any act of public authority may be challenged if they conflict with the rights and freedom recognized in the ECHR.
This includes the Home Office and also the courts and Immigration Tribunals. An individual who wants to make a claim would need to proceed through the appropriate proceedings via court or Tribunal. The first port of call will be by appeal to the immigration Appeal Tribunal or by way of judicial review.
Challenges to removal will be brought via the immigration tribunal via right of appeal procedure. Complaints about human rights that relate to removal or possibly the manner in which a decision has been taken will be challenged by appeal; procedure. Complaints about other treatments by public authorities relating to detention, welfare and human rights interferences outside the appeal process, will be brought by judicial review. European Convention on Human Rights
Section 1 of the Human rights Act which incorporates Convention rights are listed in summary:
Article 2 Right to life
Article 3 Prohibition of torture or inhuman or degrading treatments of punishment
Article 4 Prohibition of slavery & forced labor
Article 5 Right to liberty and security of the person
Article 6 Right to a fair trial
Article 7 Freedom from retrospective criminal offences and punishment- " No punishment without law"
Article 8 Right to respect for private and family life
Article9 Freedom of thought, conscience and religion
Article 10 Freedom of expression
Article 11 Freedom of assembly and association
Article 12 Right to marry and found a family
Article 14 Prohibition of discrimination in the enjoyment of convention rights
Ist Protocol Art 1: Protection of property; Art 2 Right to education Article 3 Right to free elections
13 Protocol Art 1 Prohibition on death penalty
The most frequently relied on rights for immigration law are Article 3 & Article 8is Art
Article 3 is an absolute right in nature meaning it cannot be derogated from and could arise in an asylum application or humanitarian protection claim. Common cases which fall into this category include unavailability of medical treatment, suicide risk or inability to access suitable treatment in another country. The right also operates to prevent removal of a person in cases of claims of torture or inhuman degrading treatment or punishment.
What rights do Article 8 ECHR cover?
Article 8 provides as follows:
Everyone has the right to respect for his private and family life, his home and his correspondence.
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
The right to family life under the Article 8 is a qualified right meaning that it is not absolute. The Secretary of State amended the immigration rules in Jul 2012 to introduce Article 8 considerations into the new private and family routes. These applications need to be made with careful consideration as binding principles and Home Office guidance will be applied in determining the outcome.
How can First Precedent & Visa Service help in submitting an application under Human Rights?
With over 20 years experience we are confident that we can provide you with the level and expertise needed, in making this type of application. Whether you are considering applying on medical grounds, fear of inhuman degrading treatment or family based application, or any other category we can help. These applications require careful research and an in depth knowledge of case law and the Human Rights Act. Although we cannot guarantee success we are confident that we can bring our experience and resources to bear, we also work with a team of qualified professionals to offer you the client an unrivalled service. We are dedicated in meeting the needs of our clients. We understand how complex these types of cases can be which is why all of our client applications are managed carefully and with the strictest confidence.
We pride ourselves in building a solid reputation in the pursuit of excellence for our clients. Our Immigration Advisers are regulated by the Office of immigration Service Commissioner (OISC) to level 3 the highest level. As Immigration Adviser it is essential for us to keep abreast of changes in the regulations. Take charge of your future today, instruct the professionals to get impartial advice.
If you have any queries about making this type of application , or not sure if you qualify please call on (+44) 0208 7691750, or send us an email to: [email protected] and we will send a timely response the next working day.