Protection Afforded by the European Convention on Human Rights (ECHR)

The European Convention on Human Rights (ECHR) stands as a foundational international treaty designed to uphold essential civil and political liberties. These encompass safeguards against torture, the right to a fair hearing, freedom of speech, and the entitlement to respect for one’s private and familial relationships.

Within the scope of UK immigration law, the ECHR functions as a critical legal shield, ensuring that individuals subject to immigration control are not exposed to breaches of fundamental human rights.

The Human Rights Act 1998 enshrines the ECHR into domestic UK law, allowing individuals to challenge decisions made by public authorities such as the Home Office where those decisions are believed to contravene Convention rights.

Criteria for Human Rights-Based Leave to Remain in the UK

Under certain circumstances, it may be possible to secure leave to remain in the United Kingdom based on human rights considerations. Applicants must typically demonstrate that removal from the UK would result in a serious infringement of their rights as protected by the ECHR. The most commonly engaged provisions in immigration cases include:

Article 3 – Protection Against Torture and Inhumane or Degrading Treatment

This right is absolute, meaning it cannot be limited or overridden under any condition. If an individual can credibly establish that their removal from the UK would expose them to torture, inhuman, or degrading treatment whether at the hands of state agents, non-state groups, or as a result of inadequate healthcare then the UK has a legal obligation to grant protection by allowing them to remain.

Article 8 – Right to Respect for Private and Family Life

Unlike Article 3, Article 8 is a qualified right. It may be restricted when interference is justified and proportionate in a democratic society typically for reasons related to national security, public safety, or economic wellbeing. In immigration matters, Article 8 is frequently relied upon to argue that removal from the UK would unjustifiably interfere with a person’s established personal or familial ties. For instance, deportation could cause the breakup of families, or the loss of deep-rooted community and cultural integration developed over time in the UK.

Challenging Immigration Decisions Through Human Rights Appeals

Individuals who receive negative immigration decisions such as a denial of leave to remain may be entitled to appeal the outcome before the Immigration Tribunal. A key ground for appeal is whether the decision breaches the individual’s rights under the ECHR.

This process involves an independent review by a tribunal judge, who will examine whether the Home Office acted lawfully and proportionately in line with human rights obligations.

Important Considerations When Submitting a Human Rights-Based Application

Article 3 – An Unqualified and Absolute Right

Article 3 of the ECHR ensures protection against all forms of torture and cruel, inhuman, or degrading treatment. Because it is absolute, this right cannot be lawfully infringed under any circumstance.

In immigration contexts, if credible evidence exists that returning a person to their home country would expose them to such treatment, the UK is duty-bound to permit them to stay. This article is especially relevant in situations involving persecution, political unrest, armed conflict, or denial of critical medical care.

Article 8 – Balancing Family and Private Life with Immigration Control

Article 8 guarantees the right to respect for one’s family and private life. However, as a qualified right, it permits interference when the state deems it necessary and proportionate.

In immigration cases, decision-makers must weigh the individual’s right to remain in the UK against the public interest in enforcing immigration rules. Critical factors influencing the assessment include the duration of residence in the UK, family ties (particularly with British citizens or settled persons), the presence and well-being of children, and the applicant’s integration into society.

If removal would lead to significant disruption in these areas such as family separation or loss of a stable life established over many years it may be considered a disproportionate infringement of Article 8 rights.

How Link and Day Lawyers Can Support You

At Link and Day Lawyers, we are dedicated legal professionals specialising exclusively in UK immigration law, with a particular focus on complex human rights-based applications for leave to remain. Our experienced team possesses in-depth knowledge of the ever-evolving Home Office policies, immigration rules, and judicial precedents, allowing us to navigate even the most challenging cases with precision and care.

If you are seeking to remain in the UK under Article 3, Article 8, or any other human rights provisions, we offer end-to-end legal support from gathering compelling evidence to drafting persuasive legal arguments and representing you in appeal proceedings should your application be denied.

Our approach is both strategic and client-focused. We take the time to thoroughly assess your individual situation and develop a bespoke legal strategy tailored to your specific circumstances. At Link and Day Lawyers, we are known for our accessibility, professionalism, and unwavering commitment to achieving the best possible outcomes for our clients.

Whether you are under threat of removal or are proactively seeking to secure your future in the UK on human rights grounds, our legal experts are here to provide clear, reliable, and effective guidance at every stage of your immigration journey.