Human Rights Claims

Overview

These claims can arise in a range of circumstances, including where a person has strong family or private life ties in the UK, where serious medical issues are involved, or where return to another country may expose them to serious harm.

Human rights claims are highly dependent on the individual facts of the case. The strength of a claim will usually depend on the quality of the supporting evidence and how that evidence relates to the legal test being relied upon.

Which Human Rights May Be Relevant?

Two of the most commonly relied upon rights in immigration cases are Article 3 and Article 8.

Article 3

Article 3 protects against torture and inhuman or degrading treatment.

It may be relevant where a person would face a real risk of serious harm if returned to another country.

Article 3 may also arise in exceptional cases involving very serious medical conditions. The threshold is high and detailed evidence will normally be required.

Where the circumstances also raise protection or asylum issues, those will need to be considered under the appropriate immigration framework.

Article 8

Article 8 protects the right to respect for private and family life.

It may be relevant where a person has established significant relationships or connections in the UK, including relationships with a partner or children.

The Home Office will consider the individual’s circumstances together with the public interest in maintaining effective immigration control.

Where children are affected, their best interests are an important consideration.

Who May Have a Human Rights Claim?

A human rights claim may potentially arise where a person:

• Has an established family life in the UK;
• Has a genuine relationship with a British or qualifying child;
• Has significant private life ties to the UK;
• Has a serious medical condition which may make removal particularly harmful;
• Would face a real risk of serious treatment contrary to Article 3 if returned; or
• Is facing removal or deportation and relies on their private or family circumstances.

Every case must be considered individually.

Key Evidence

The evidence required will depend on the circumstances of the case and may include:

• Evidence of family relationships;
• Evidence of residence and private life in the UK;
• Evidence concerning children and their welfare;
• Medical records or reports;
• Evidence concerning conditions in the country of return;
• Evidence of the impact that removal or separation would have on the applicant or their family; and
• Other independent evidence relevant to the claim.

The evidence should clearly demonstrate the applicant’s individual circumstances rather than relying on general assertions.

How It Works

1. Initial assessment. We review the applicant’s immigration history and personal circumstances to identify whether human rights considerations may arise and which immigration route or legal framework may be appropriate.
2. Evidence preparation. We help identify and prepare the evidence needed to support the application or claim. Depending on the circumstances, this may include family, residence, medical, educational or other supporting documentation.
3. Legal representations. We prepare representations explaining the applicant’s circumstances, the relevant Immigration Rules and any human rights considerations that apply.
4. Refusal and appeal advice. Where a human rights claim is refused, a statutory right of appeal will ordinarily arise, although exceptions can apply. We can review the decision and advise on any appeal rights or other options available.

How Bekenbey Solicitors Can Help

Human rights cases can be complex and highly dependent on individual circumstances.

Our immigration team can assess your situation, identify the most appropriate legal route and advise you on the evidence needed to support your case.

If you have received a refusal, we can also advise you on any appeal rights or other options available.

This article provides general information only and does not constitute legal advice. Immigration and human rights law are subject to change, and individual advice should be obtained before making an application or taking action following an immigration decision.