A Human Rights Appeal can be a crucial tool for immigration applicants facing refusal. Many applicants benefit from this appeal process, especially when they have strong grounds under human rights laws.
“To deny people their human rights is to challenge their very humanity.” – Nelson Mandela
Human rights laws are vital because they protect us from unjust actions by governments or authorities. They ensure that people’s lives are not unfairly disrupted, especially when it comes to important aspects like family and private life.
Immigration law and human rights are closely linked. Many people applying for a visa or to stay in the UK are fleeing dangerous situations like war, poverty, and human rights abuses. But even those who are working and living in the UK legally, and have families here, can face deportation or visa refusals. For example, a refusal for Indefinite Leave to Remain can deeply impact their lives.
In these cases, applicants may be able to appeal a decision on human rights grounds, particularly under Article 8 of the European Convention on Human Rights (ECHR). The appeal process can be complex, but with the help of an experienced immigration lawyer, it is possible to challenge the decision and potentially overturn it. In fact, nearly 50% of immigration refusals are reversed on appeal, and many cases are resolved before they even reach a tribunal.
Why Appeal on Human Rights Grounds?
The UK is a member of the European Convention on Human Rights (ECHR), which means it must respect and protect individuals’ rights, including those applying for visas or immigration status. Many human rights appeals are made based on Article 8, which is about the right to respect for private and family life.
Here’s a simplified version of what Article 8 says:
- Everyone has the right to respect for their private and family life.
- Interference with this right is only allowed if it is necessary for public safety, national security, health, or morals, or to protect the rights of others.
However, Article 8 is not an absolute right. The government can still make decisions that affect a person’s family life if they can prove it is justified.
Since April 6, 2015, if your visa or Indefinite Leave to Remain application is refused under the Points-Based System, the only way you can appeal is if your case includes a human rights element.
For example, if your Standard Visitor Visa is denied and it stops you from seeing your children or other close family members, you may be able to appeal. You would argue that the UK government’s refusal is negatively affecting your right to family life.
What Counts as Family Life?
The UK courts have interpreted family life broadly. For example, in the Singh v Secretary of State for the Home Department case, it was stated that adult children living with their parents during their studies are still considered part of the family unit. The courts also consider the emotional and practical ties between family members when deciding a case.
How Do Human Rights Appeals Work?
To make a Human Rights Appeal in the UK, it is essential to work with an experienced immigration lawyer who understands how to build a strong case. The procedure can be complex, and presenting a well-prepared case can make a significant difference in the outcome.
- First-Tier Tribunal: Most appeals are made to the First-Tier Tribunal, which will review your case. A good lawyer will ensure that the appeal is made correctly and increase your chances of a positive outcome.
- Article 8: As explained earlier, many human rights appeals are based on Article 8. This article protects your right to family and private life. If you can show that refusing your visa or immigration status would unjustly harm your family life, you may win your appeal.
Why Choose Law and Visas?
At Law and Visas, we specialize in helping individuals challenge immigration refusals on human rights grounds. We have a deep understanding of Article 8 and other aspects of human rights law, and we know how to handle complex immigration appeals. Our team has a strong track record of successfully overturning immigration decisions, even before a tribunal hearing.
If you’re facing a visa refusal or immigration decision that threatens your right to a private and family life, contact Law and Visas for expert advice. We’ll guide you through the process, ensuring the best possible outcome for your case.
Get in touch today for a consultation on your human rights appeal. We’re here to help you secure your future in the UK.
