UK Immigration : Human Rights

Immigration Solicitors Manchester

immigration solicitors:
human rights

The Human Rights Act 1998 came into force in the United Kingdom in October 2000 and codifies the European Convention on Human Rights into UK law.

All public bodies (such as the Home Office, British Embassies, courts and tribunals) carrying out public functions have to comply with the Convention rights.

This means that individuals can pursue human rights cases through the domestic courts rather than go to Strasbourg to argue their case in the European Court of Human Rights (as was previously the case).

The 1998 Act sets out the fundamental rights and freedoms that individuals in the UK have access to.

In terms of immigration law the most regular rights which are invoked are:

Article 3 which prevent the United Kingdom from sending anyone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment.

Therefore, if you do not qualify for recognition as a refugee but the Home Office considers that there are humanitarian reasons why you should be allowed to remain in the UK, you may be given temporary permission to stay here.

Article 8 which states that everyone has the right to respect for his of her private and family life. However, importantly, this is a qualified right – not an absolute one.

Public authorities (such as the Home Office) must not interfere with this right unless to do so would be necessary, for example to maintain effective immigration control. Cases of this nature often depend on whether the interference with private or family life is proportionate.

TM Fortis Solicitors have many years experience in successfully pursuing human rights claims on behalf of our clients and our specialist lawyers will be able to guide you through this complex area.