Human Rights

Human Rights and Immigration Law

The very strong idea that fundamental human rights must be cherished, and that only the law may take it away, is one that has been prevalent in British courts for centuries.

Today, the Human Rights Act 1998 (HRA) safeguards fundamental human rights in the UK. The HRA gives further effect to rights and freedoms guaranteed under the European Convention on Human Rights. This means that fundamental rights outlined in ECHR can now be directly enforced in national courts. The fundamental rights are:

• The right to liberty and security

• The right to life

• The right to no punishment without law

• The right to fair trial

• The right to respect private and family life

• The right to marry

• The right to a remedy of human rights abuses

• Freedom of thought, conscience and religion

• Freedom of expression

• Prohibition of discrimination

• Freedom of assembly and association

• Prohibition of torture

• Prohibition of slavery and forced labour

• Prohibition of the abuse of rights

Human Rights Visa.

If you have been refused entry or remain in the United Kingdom, you can appeal against this decision under the ambit of the HRA 1998.

An application made under the HRA called a Discretionary Leave application. The applicant must prove that there are exceptional, compassionate and compelling circumstances that mean they can enter or remain in the UK.

Requirements.

Applicants may seek a leave to enter or remain in the UK under the Human Rights provisions in various circumstances, for example:

• You must have resided continuously in the UK for at least 20 years

• You are under the age of 18 years of age and have resided continuously in the UK for at least seven years

• You are aged 18 years or above – but under 25 years – and have spent at least half of your life residing continuously in the UK

• You are 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 your country of origin.

Please note, this is not an extensive list, please speak to us about your individual situation.

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