Human rights – Immigration protection in the UK
Understanding human rights in the immigration system
Human rights law is a cornerstone of the UK’s legal framework. Through the Human Rights Act 1998, the protections of the European Convention on Human Rights (ECHR) are incorporated into UK law, ensuring that no one is returned to a situation where their fundamental rights would be violated.
In immigration and asylum cases, human rights arguments often make the difference between removal and protection. At LawSentis, we specialise in identifying and presenting the strongest human rights grounds for our clients. With our accreditation at IAA Level 3, we are authorised to act in the most complex immigration and human rights matters, including appeals and judicial reviews before the higher courts.
When human rights apply in immigration cases
Human rights issues can arise in many different scenarios, such as:
1-Right to life (Article 2) – where removal would expose you to life-threatening risks.
2-Freedom from torture and inhuman treatment (Article 3) – an absolute right, meaning it cannot be breached under any circumstances. The UK cannot lawfully remove you to a country where you would face torture, degrading treatment, or denial of essential medical care (the principle of non-refoulement).
3-Right to family life (Article 8) – where you have close family in the UK and removal would separate you from your spouse, children, or dependants.
4-Right to private life (Article 8) – where you have built strong ties in the UK through long residence, friendships, work, or studies. Article 8 is a qualified right, meaning the Home Office may interfere with it, but only if the interference is proportionate and justified (e.g. in the interests of immigration control or public safety).
5-Children’s rights – decisions affecting children must always take their best interests into account.
6-Medical and compassionate grounds – removal could breach human rights if you would be denied access to essential treatment abroad, particularly in cases involving life-threatening illness or severe disability.
Types of human rights applications we handle
At LawSentis, we deal with human rights issues across the full spectrum of immigration law, including:
- Human rights claims as part of asylum applications – strengthening protection cases by combining asylum grounds with human rights arguments.
- Stand-alone human rights applications – where removal would breach Articles 2, 3, or 8 of the ECHR.
- Appeals – where the refusal of an asylum or visa application engages human rights grounds.
- Fresh claims – when new evidence becomes available after a refusal, allowing you to reopen your case.
- Judicial reviews – challenging unlawful or unreasonable Home Office decisions in higher courts.
- Discretionary leave to remain – based on exceptional human or compassionate circumstances.
The decision-making process
When the Home Office assesses a human rights application
it will consider:
- Credibility and evidence – consistency of your statements, supporting documents, medical reports, and witness evidence.
- Proportionality – whether refusing your application is proportionate when balanced against the interference with your family or private life.
- Impact on children – the welfare and best interests of any children affected by the decision.
- Public interest factors – including your immigration history, criminal record (if any), and compliance with UK law.
Because the Home Office applies these tests strictly, the way your case is argued and presented is critical.
The right to appeal on human rights grounds
If your application is refused, you may have the right to appeal to the Immigration Tribunal on human rights grounds. This appeal process allows an independent judge to review whether the Home Office decision was consistent with the Human Rights Act and the ECHR.
Appeals often succeed where initial applications fail, particularly when strong evidence of family life, medical need, or long residence in the UK is presented.
Challenges in human rights cases
Human rights applications are often refused at first instance, with the Home Office arguing that removal is proportionate or that private life can continue abroad.
Common issues include:
- Insufficient documentary evidence.
- Lack of detail in personal statements.
- Overlooking the best interests of children.
- Failure to address proportionality and public interest tests.
This is why expert representation is essential. At IAA Level 3, LawSentis has the experience and authorisation to challenge refusals through appeals and higher court proceedings.
How LawSentis can help
If you don’t yet meet the 10-year ILR requirements
Our human rights services include:
- Interview preparation – helping you explain your case clearly and consistently.
- Judicial reviews – challenging unlawful or unfair Home Office decisions in the higher courts.
- Case assessment – identifying the most effective human rights arguments for your situation.
- Appeals representation – representing you before the First-tier Tribunal, Upper Tribunal, and beyond.
- Long-term strategy – advising on your route from temporary leave to settlement and eventually citizenship.
- Medical and expert reports – guiding you on obtaining independent evidence to strengthen your claim.
- Application preparation – drafting strong applications supported by legal arguments, personal statements, and expert evidence.
Why choose LawSentis
- IAA Level 3 regulated – authorised to handle the most complex immigration and human rights cases, including tribunal advocacy and judicial reviews.
- Comprehensive expertise – we combine legal precision with compassionate client care.
- Proven success – experience across Article 3 medical claims, Article 8 family/private life applications, complex appeals, and fresh claims.
- Tailored support – every client’s circumstances are unique, and we prepare bespoke strategies.
- Confidential and compassionate service – we handle every case with dignity and discretion.
Contact LawSentis today for a confidential consultation. Our expert team will listen to your story, explain your options clearly, and fight for your rights every step of the way.
Frequently Asked Questions
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