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HUMAN RIGHTS INCLUDING ECHR

Human Rights including European Convention on Human Rights

A person may claim that he should be allowed to remain in the UK as his removal would be a breach of his human rights and that he cannot reasonably be expected to return voluntarily.

The European Convention on Human Rights (ECHR) extends convention rights to such person within the UK. A person can invoke Articles 2 (Right to life), Article 3 (Prohibition of torture), Article 5 (Right to liberty and security), Article 6 (Right to a fair trial) and Article 8 (Right to respect for private and family life) of the ECHR to grant him leave to remain in the UK.

Humanitarian Protection and Discretionary Leave

A great majority of claims for humanitarian protection and discretionary leave are likely to arise in the context of asylum claims.

A stand-alone claim for humanitarian protection comes about where a person claims that although he is in need of international protection but he is not seeking asylum. A person granted humanitarian protection is normally granted five years leave to remain in the UK. Thereafter he may apply for settlement.

A stand-alone human rights claim (in addition to asylum claims) may result in a grant of discretionary leave. Grant of discretionary leave is exceptional which is initially for three years. It may be further extended. Discretionary leave status is subject to a review, which may lead to it being withdrawn, cancelled or revoked. A person needs to complete at least six years in total or at least 10 years in excluded cases, before being eligible to apply for settlement.

Asylum and human rights claims are sensitive and complicated which require invariably considerable documentary evidence and possibly medical evidence; contact Team MT UK Immigration & Human Rights Department for that specialist and expert advice and representation.

For that expert and clear advice and assistance on Asylum and Human Rights claims, contact our Team MT UK (Immigration and Human Rights) – Department.