Asylum, Immigration & Human Rights
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ASYLUM AND REFUGEES
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 Discretionary leave status is subject to a review, which may lead to it being withdrawn, cancelled or revoked.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).
Services Provided
- Receiving instructions and analysing the same.
- Advising on your human rights claim (in line with the European Convention on Human Rights) – ECHR humanitarian protection and discretionary leave linking with the immigration rules and procedure.
- Advising, collating and verifying all the required evidence including experts (i.e. doctors, anthropologist or others), if required.
- Preparing and settling the required written representation covering factual background, legal framework and submissions on your Human Rights Claim.
- Advising about the outcome of the application including any further steps you need to take; advising on any Appeal Rights or Judicial Review proceedings.
Timescales
i. Application Submission
Applications from instructions received, on average, is likely to take up around 24 weeks depending on the complexity of the case. MT UK will indicate at the earliest opportunity if the matter is likely to take longer than the above period.
ii. Application Decision
MT UK cannot predict the outcome of your application. To find out more about the Home Office processing and decision timescale, visit the Home Office related website.
Pricing
Category of Costs: Agreed/Fixed Costs
Costs: Average from £2,500.00
(All quoted figures exclude VAT unless specifically stated; if chargeable, VAT shall be charged @ 20%).
On average, this type of work takes 15 hours plus to complete. The precise number of hours depend on the complexity of the case.
Costs quoted do not include:
- Other expenses commonly known as disbursements for expert evidence/medical reports/Independent Social Worker Reports/Anthropologist Report etc. No additional expense shall be incurred unless approved. Costs on average from £2,000.00.
- Any Home Office/ ECO fees for making the application; this can be paid directly to the Home Office as part of the application process. For updated application fees visit the Home Office link – https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-6-april-2022
(All quoted figures exclude VAT unless specifically stated; if chargeable, VAT shall be charged @ 20%).
Who will carry out the work:
- Solicitor/Director assisted by a Paralegal
- All work supervised by the concerned Director
PS: MT UK is not a legally aided firm; this means the related asylum claim has to be privately funded; you may qualify for legal aid assistance on asylum therefore, it is advisable to approach a legally aided firm.
Team MT UK (Immigration and Human Rights Department)
Shireen Tramboo
SOLICITOR/DIRECTOR
A. Majid Tramboo
PRINCIPAL SOLICITOR/DIRECTOR
Get In Touch
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