Human Rights Immigration Solicitors & Lawyers

What are Human Rights Immigration Solicitors & Lawyers in the UK?

To define, a human rights solicitor or lawyer in the UK is an immigration law specialist who represents you when you are facing serious immigration issues. They can defend you in court and challenge UK Home Office decisions by leveraging the Human Rights Act 1988.

To be successful, the solicitor will first ensure that you have a legitimate claim under the European Convention on Human Rights (ECHR).

A human rights claim is a claim made to the UK Secretary of State. It states that the UK Home Office’s decision in question is unlawful and should be challenged or reconsidered in accordance with UK law.

The claim must have a legal basis (meaning the decision being challenged asserts a breach of the fundamental human rights guaranteed by the ECHR) and is usually raised during immigration proceedings.

Human rights lawyers can use all Articles of the Human Rights Act 1988 to defend you, but primarily use Articles 8, 3 and 6. Each Article of the Act represents a fundamental human right that can be used to argue that the UK Home Office’s decision in question is unlawful.

For example, Article 8 of the Human Rights Act 1988 protects the right to a private/family life. It ensures individuals live without state interference (providing there is no legal basis for the state to be involved). Therefore, if a decision made by the UK Home Office was to breach this fundamental right, then you have a legitimate claim in court.

Article 6 protects the right to a fair and just trial within a reasonable timeframe, and Article 3 provides an absolute right to protect individuals from harm (such as torture, inhumane or degrading treatment). If the UK Home Office’s decision in question breaches either of these fundamental human rights as set out by the ECHR, then you also have a legitimate claim in court.

It is important to recognise the difference between a human rights case and an asylum case. Whilst most asylum cases focus on the fear of persecution and are considered under the 1951 Refugee Convention, human rights cases are recognised under the ECHR.

Whilst Article 3 of the Human Rights Act 1988 protects individuals from harm and is similar to the law governing asylum claims, it differs because the ECHR covers a broader range of circumstances. For example, things like medical and complex family issues can also be considered alongside persecution in accordance with UK immigration law.

When Do You Need a Human Rights Immigration Lawyer?

Whilst you can be successful with immigration matters on your own, there are often circumstances when legal representation, particularly that of a human rights solicitor, is essential. Here, we will explore some common examples.

Deportation

If you are facing deportation from the UK, for reasons such as criminality or overstaying a UK visa, there may be a basis for you to stay depending on your circumstances.

For example, you may be able to submit a human rights claim if your criminal conviction is less than a 4-year prison term, or if you have overstayed your visa but have been a legal and law-obeying UK resident for at least ten years.

In addition, when the UK Home Office decides on your case, they must consider the human rights and needs of any children living in the UK with you, as set out by the ECHR. For example, if the decision affects things like their health, well-being, education, or care, you may be able to submit a human rights claim on this basis.

However, though the interests of a child living in the UK are a primary consideration, they are not the only consideration made by the Home Office, and therefore, decisions to deport a parent of a child living in the UK can still proceed.

UK Visa Refusals

When a UK visa is refused, and there is no clear route to immigration clearance, a human rights lawyer has the particular expertise to analyse a refusal decision and try to pinpoint a section of immigration law that they can apply to the case to challenge it.

For example, Article 8 of the Human Rights Act (the right to family/private life) can sometimes be used to challenge decisions. The human rights lawyer can draft the detailed grounds for appeal to help you prepare for judicial review proceedings and represent you in any legal or court proceedings.

If the decision in question has no right of appeal, a human rights solicitor can explore whether the decision could be considered unreasonable or unfair, and can initiate judicial reviews on that basis. Furthermore, they can sometimes reveal new evidence (unbeknownst to you) that may be used to alter or overturn a decision.

British Child 7-Year Rule

If a child under 18 has lived in the UK for at least 7 consecutive years, they may be eligible to apply for Indefinite Leave to Remain (ILR), also known as permanent residence.

A human rights lawyer can assist with an ILR application or challenge a refusal. The key argument in such cases is that it would be unreasonable or unfair, and against their human rights, to expect the child to leave the UK. This could be due to factors such as their family circumstances, education, or overall well-being.

Complex Family Circumstances

Specialist human rights immigration lawyers are trained to handle complex family matters that affect immigration clearance rights in the UK. For example, if there are compelling circumstances, such as you being separated from your immediate family without having the financial stability to satisfy UK visa requirements, a human rights lawyer can put forward grounds to have this requirement waived.

In cases of domestic violence or trafficking, a human rights lawyer provides specialist immigration support to you as a victim and argues your case to stay in the UK by exposing your vulnerabilities in court. They can also signpost you to other types of support available in the UK to help your situation improve and even help you collect evidence to support your case.

Medical Grounds

If you need to stay in the UK for medical reasons, for example, you need urgent medical treatment, or you are considered a potential suicide risk, there may be grounds on which to challenge a Home Office decision based on your human rights.

A human rights solicitor can leverage the legal framework that states your entitlement to secure access to adequate care and patient dignity protection. They can also help with things like treatment funding disputes and Do Not Resuscitate orders if you are in a hospital.

Legal Aid Funding

Legal aid (or financial support) is not usually available to standard UK visa applicants. However, there are some cases where this can be sourced.

For example, if an applicant lacks funding and cannot apply, and that, in turn, violates fundamental UK human rights law, a human rights lawyer can help them gain access to funding.

Understanding the Legal Framework (How the UK Home Office Decides Your Case)

The UK Home Office’s decision process follows strict rules. When considering a human rights claim, an experienced and qualified case worker from the UK Home Office evaluates it against the current UK immigration legislation and decides on this basis.

There are various elements of the law that the caseworker should consider when faced with complex human rights claims, and they must follow the legal framework to ensure their final decision is just and fair.

For example, when you make a human rights claim based on your right to a family/private life using Article 8 of the Human Rights Act 1988, the Home Office caseworker will need to determine if the decision being challenged (such as a deportation order or visa refusal) is justified.

To do so, they use the proportionality test. The test is a legal framework that ensures government actions are not excessive in relation to their aims and that all of your human rights are considered within UK law. To do this, they apply an initial 4-stage inquiry.

Firstly, the caseworker will explore whether or not the reasons you have set out in your claim are legal, necessary, and important enough to override or limit any other objectives that are in the UK government’s interests (such as national security or public safety).

They then assess the suitability of the claim and whether it has enough merit to be capable of achieving its aim. If it does, the caseworker will explore whether there are other options to meet the objectives set out in the claim in a less intrusive way so that there may be less damage to your human rights should the decision go ahead.

Finally, the caseworker must explore whether or not there is a fair balance or proportionality between your human rights and public law. They must question if one is of more benefit than the other and if the rights of the government outweigh the severity of harm towards you.

To reach a decision, the Home Office will consider things like the severity and nature of your offence, whether or not you meet continuous residence rules, the needs of any children you may have, and any compelling circumstances that may support your claim.

When submitting a human rights claim, you must present specified evidence to support your arguments. It is up to the caseworker to decide if this evidence is satisfactory or, if there is a legal basis on which to waive any evidence requirements, should it not be possible to present any.

The timeframes in which it takes the Home Office to reach a decision differ in case complexity, and delays can occur depending on the individual’s circumstances. You will be officially notified of any formal decisions made by the UK Home Office about your immigration status and the reasons for it in person or in writing.

Evidence Required for a Strong Human Rights Claim

Human rights applications have a far better chance of being successful when they are backed with strong, official supporting evidence. For example, if you are facing deportation due to your criminality, and you can provide evidence of your criminal rehabilitation when you submit your claim, you have a stronger argument.

This is also true when submitting a human rights claim based on medical grounds. For example, if you have evidence such as medical expert reports to back up your arguments, they may have more merit.

Evidence such as independent social worker reports and child welfare documentation can help when your arguments are based on the needs of a child, and evidence of financial hardship is particularly beneficial when seeking legal aid.

If you are trying to prove your relationship to a partner, you can use evidence such as marriage certificates, joint tenancies, bills, or even photographs if you’re unmarried.

There are no rigid rules on what particular documents are required when submitting human rights applications; however, sometimes a specific piece of evidence can be requested by the Home Office. It is in your best interests to provide this information where possible.

You should try to back up your claim as much as possible with strong and valid supporting evidence to have more chance of success. However, it is important to remember that all submitted supporting evidence and its relevance to your case are determined by the Home Office caseworker.

They are entitled to use their own discretion when considering supporting documents, so long as they follow the legal framework to do so. They also have the right to ask for further information or make verification checks to ensure the documents are legitimate and/or genuine before they reach a decision.

Common Mistakes in Human Rights Immigration Cases

Not all human rights applications are successful. There are various reasons for a negative outcome depending on your circumstances; however, in many cases, the refusal could have been prevented. Here, we will explore some examples of common mistakes made when making a human rights claim.

Submitting Weak Evidence

All supporting documentation submitted with your application must be relevant and valid. Those who submit claims with little to no evidence are more likely to have their application refused.

In addition, you should ensure that all of your supporting documents add value to your case. When included, official letters must be considered by law, and this can make all the difference to a caseworker when making a decision.

Ignoring Proportionality Analysis

Many human rights applicants overlook the legal frameworks that the UK government must use when making immigration decisions. Understanding how the government makes decisions can help you highlight key aspects of the immigration process and then work around them.

For example, if you analyse your case using the proportionality test (as used by the Home Office), you can expose any weaknesses within your application and improve them before you submit it.

Missing Appeal Deadlines

If you miss an appeal deadline, your application is likely to be refused. Immigration matters can be very complex, and without proper organisation, it is easy to forget dates and or get deadlines mixed up.

If the Home Office requests more information to process your application, you will be given a reasonable amount of time to collect and provide it before a decision is made. However, it is of high importance that you stick to the deadlines for your application to avoid a refusal decision.

Not Addressing Public Interest Arguments

Whilst the UK government will consider different elements of your case, public interest is the number one consideration that they must take into account when deciding your immigration status.

Though an individual’s human rights are important within UK immigration law, the government is responsible for the safety of millions of British citizens, too.

Failure to address public interest arguments surrounding your case can leave it wide open for scrutiny. If you address any public interest concerns as part of your application, you are covering all angles. You are also showing the Home Office that you have considered how your actions impact others in the UK and how any associated risk can be mitigated.

Relying Only on Emotional Statements

Though emotional statements are important in human rights cases, a decision cannot be based solely on its merit. For a human rights claim to be successful, it must first stand with merit in UK law.

When making a human rights claim, it is wise to consider how you can use the law to your advantage so that you have a stronger argument. For example, if you are appealing a refusal decision because you deem it unfair and a breach of your human rights, you need to show how this is against the law in addition to how it affects you individually, thus creating a stronger case.

What Happens if Your Human Rights Application is Refused?

Human rights claims are not always successful; however, depending on your circumstances, you may still have some options to try to remain in the UK legally.

If your human rights claim is refused, you have the right to appeal to the First-Tier Tribunal (Immigration and Asylum Chamber). The tribunal is independent of the government, and therefore, both sides of the argument will be considered by a judge before a final decision is reached.

You have 14 days to appeal a decision if you’re applying from inside the UK, and 28 days if you’re applying from outside of the UK. If you go over these timeframes, you will need to explain why and provide evidence to support your explanation.

It can take several weeks for a final decision to be made on your appeal, but you can ask for your appeal to be heard urgently, should your situation be desperate.

If you do not have the right to appeal or you believe your human rights claim has been refused due to errors in your application, you may be able to request an administrative review instead.

The administrative review is conducted by the Home Office, which corrects the errors in your application so that it can be reconsidered. It is not a full review of your human rights claim; rather, it focuses on errors made by the Home Office when implementing the UK’s immigration rules and policies.

If you want to appeal a refusal decision on your human rights claim or request an administrative review, it is wise to seek expert legal advice and support before doing so. A specialist human rights lawyer can prepare appeal bundles and help represent you in court or in any judicial review proceedings (if applicable).

Why Expert Legal Representation Matters in Human Rights Cases

Legal assistance or expert advice is advisable to foreign nationals facing uncertain circumstances regarding their immigration status, for various reasons. Though it is possible to represent yourself in court without using legal immigration services, complex cases are difficult to handle independently, and a qualified immigration lawyer will probably be better equipped to put forward a claim on your behalf.

For example, cases usually depend on structured legal arguments. A qualified immigration lawyer has in-depth knowledge of UK immigration law and can structure your arguments to counteract rules and policies legally, giving you the best chance of success.

It is also important to remember that tribunal litigation requires advocacy, and so it is perhaps wise to consult with an immigration specialist from the very beginning of your claim. If you wait until you hit a problem, it can become more complex and costly.

Government refusal letters often happen when evidence has been missed or misinterpreted. A qualified immigration solicitor can help you gather the correct documents needed to support your claim and provide guidance on how to present them for review when you submit your application.

If you have been refused previously, an immigration lawyer can also strategise the timing of further submissions to enhance your chances of success.

To put it simply, a qualified immigration lawyer with extensive experience can really strengthen your case. They will explore your circumstances and discover the best course of action for you to take to secure your chances. They can also help you source legal aid should this be required.

How to Choose the Right Human Rights Immigration Solicitor

When looking for an immigration lawyer to represent your case, there are considerations you should make before going ahead and paying for their legal services. For example, you should ensure that they are OISC-accredited and regulated by the Solicitors’ Regulation Authority (SRA).

You should look for an immigration lawyer who has extensive experience in Article 8 and deportation cases and a high tribunal success rate.

It is also wise to ensure that the immigration team you work with offers clear communication so that you completely understand each step of your application, and a transparent fee structure so that there are no nasty or costly financial surprises as you go through the process.

Questions to Ask Before Hiring a Human Rights Lawyer

When you are consulting with an immigration lawyer, some questions may be wise to ask before you agree to hire them. For example, to figure out where you stand legally, you should ask them about your prospects of success or what the worst-case scenario of your situation may be by law.

You could also ask them if you’re entitled to legal aid or if they offer any free legal advice. Whilst this is not always available, the immigration team should at least be able to provide a detailed breakdown of their own fees so that you are aware of the full cost when using their legal services.

You should also aim to discover if you have any evidence missing from your potential claim so that you may determine if it is possible to obtain it before you submit your application. A qualified and experienced immigration lawyer can advise you on all of your supporting documents so that all the elements of your case are covered.

You should also find out what help and support would be available to you under human rights law should your claim be refused. For example, you can ask if the immigration team offer any appeal packages and if it is included in the price.

Finally, you could check previous customer reviews or tribunal success rates of the company to help you discover if they may be a good fit for your circumstances.

How IAS Can Help With Your Human Rights Immigration Case

Here at the Immigration Advice Service, we offer clients a comprehensive package that is individually tailored to meet their circumstances. No matter what your situation, we can offer expert advice and guidance to help you secure your aims, so long as we can do so within UK law.

Firstly, we start by exploring your circumstances in depth, and then offer you a personalised legal strategy to help you achieve your goals. We will explain in detail all the legal rules, policies, and protocols that surround your case so that you are well-informed and have clarity on your situation.

We can help you prepare application forms, and we offer evidence preparation support. This can be especially helpful when trying to present your evidence in the correct way to avoid it being misinterpreted. We can also help you ensure all of your supporting documents are valid and are likely to be accepted by the Home Office as part of your application.

We can represent you in court before the Home Office and Tribunal should you need to appeal your case, and help you apply for or attend judicial review proceedings should this be applicable.

As a well-established specialist immigration firm, we have extensive experience in handling Article 8 and deportation cases, and therefore specialise in such immigration matters. We are OISC certified and regulated by the SRA.

We operate a nationwide service across the UK and offer fixed-fee consultations to all of our customers. We have healthy success rates, great customer reviews and an abundance of knowledge and experience to help you win your case.

For support regarding human rights law or applications, call IAS today on +44 (0)333 414 9244, or contact us online.