Human Rights Immigration Claims – Immigration Solicitors Manchester
Human rights law plays an important role in many UK immigration cases. Individuals may be able to rely on their human rights under the European Convention on Human Rights (ECHR) to challenge immigration decisions made by the Home Office.
At TM Fortis Solicitors, our experienced immigration solicitors in Manchester provide advice and representation in human rights immigration claims, Article 8 family life cases and immigration appeals.
Human rights claims often arise where a person faces removal from the UK but has strong personal or family ties in the country.
The Human Rights Act 1998
The Human Rights Act 1998, which came into force in October 2000, incorporates the European Convention on Human Rights into UK law.
This legislation requires all public authorities, including:
- The Home Office
- UK courts and tribunals
- British embassies and consulates
- Immigration enforcement authorities
to act in a way that is compatible with Convention rights.
The Act allows individuals to raise human rights arguments before UK courts and tribunals, rather than needing to bring their case directly before the European Court of Human Rights in Strasbourg.
Human Rights in Immigration Law
Human rights considerations frequently arise in immigration cases where a person may face removal from the United Kingdom.
In certain circumstances, an individual may be able to argue that removal would breach their rights under the European Convention on Human Rights.
The most commonly invoked rights in immigration cases are Article 3 and Article 8 of the Convention.
Article 3 – Protection from Torture or Inhuman Treatment
Article 3 of the European Convention on Human Rights provides that no person shall be subjected to:
- Torture
- Inhuman treatment
- Degrading treatment or punishment
Under this provision, the United Kingdom cannot remove a person to a country where there is a real risk that they would face serious harm or mistreatment.
Article 3 is considered an absolute right, meaning that it cannot be limited or balanced against other considerations.
In some cases, individuals who do not qualify for refugee status may still be granted humanitarian protection or another form of leave to remain if removal would breach Article 3.
Article 8 – Right to Private and Family Life
Article 8 of the Convention provides that everyone has the right to respect for their private and family life, home and correspondence.
This right is particularly relevant in immigration cases involving:
- Family members living in the UK
- Long-term residence in the UK
- Children who have established lives in the UK
- Individuals with strong private life connections
Unlike Article 3, Article 8 is a qualified right.
This means that the Home Office may interfere with a person’s Article 8 rights where it is lawful and necessary to achieve a legitimate aim, such as maintaining effective immigration control.
In these cases, courts and tribunals must assess whether the interference with the person’s private or family life would be proportionate.
Human Rights Appeals in Immigration Cases
Human rights arguments are often raised in immigration appeals where an individual challenges a decision made by the Home Office.
An appeal may be possible where removal from the UK would breach a person’s human rights.
Immigration tribunals will consider factors such as:
- The strength of family relationships in the UK
- The length of time the individual has lived in the UK
- The best interests of any children involved
- The impact of removal on the individual and their family members
These cases can be legally complex and often require detailed evidence.
How Our Immigration Solicitors Can Help
Our immigration solicitors have extensive experience in preparing and presenting human rights claims in immigration cases.
We assist clients with:
- Human rights immigration applications
- Article 8 family and private life claims
- Appeals against Home Office decisions
- Preparing supporting evidence and witness statements
- Representation before immigration tribunals
We carefully assess each case to determine whether a human rights argument may provide a lawful basis to remain in the United Kingdom.
Contact Our Immigration Solicitors
If you believe that a Home Office decision may breach your human rights, our experienced immigration solicitors can provide expert advice.
Contact TM Fortis Solicitors today on 0161 220 6040 to discuss your case and obtain professional legal guidance.
