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LOCATION: Home » Human Rights » Page 2

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Section 117B Public Interest Considerations Explained
By Richmond Chambers -

When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any...

 of the issues raised run counter to the ‘public interest’. This concept is defined under S.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to...

Refugee Family Reunion - Top 6 FAQ's
By Emilia Cieslak - Legal Associate

Currently, government policy regarding asylum places a lot of emphasis on ‘safe and legal routes’ and reducing the numbers of people arriving in the UK via unsafe journeys. This is the stated purpose of the recent...

 Illegal Migration Act 2023.  Therefore, in this post we answer some frequently asked questions about the Refugee Family Reunion route, one of the main ‘safe and legal’ routes available.   1. Who...

How Is Article 8 Considered in Appendix Private Life Applications?
By Richmond Chambers -

Private Life Applications refer to a particular type of immigration route, governed by the rules contained in Appendix Private Life. It is somewhat different to other types of immigration applications as it allows...

 an individual to make an application to stay in the UK on the basis that they have built up ‘private life ties’ whilst residing here. Therefore, the concept of ‘private life’, which is a right...

Court of Appeal Finds Rwanda Policy Unlawful
By Alex Papasotiriou - Immigration Barrister

In a judgment published on 29 June 2023, the Court of Appeal allowed by a majority the appeal against the decision of the Divisional Court in the judicial review challenge to the Rwanda policy. The appeal was against...

 the Divisional Court’s rejection of the generic challenges to the policy. Most of the Appellants (then Claimants) had been successful in challenging the lawfulness of the decisions certifying their...

Asylum: What Are ‘Safe and Legal’ Routes?
By Richmond Chambers -

The government is seeking to reduce ‘unlawful migration to the UK’, by introducing sanctions against those migrating to the UK for humanitarian protection, other than through ‘safe and legal’ routes. This...

 article will provide an overview of the different ‘safe and legal’ routes currently in place in the UK and their limitations.  ‘Safe and Legal’ Routes The government has introduced the Illegal...

What is a Home Office Asylum Questionnaire?
By Emilia Cieslak - Legal Associate

In February 2023, the Home Office announced that it was introducing asylum questionnaires in order to reduce the asylum backlog which currently stands at over 92,000 asylum claims made before 28 June 2022.  Despite...

 some reported problems with the asylum questionnaires, it seems that the Home Office will keep using asylum questionnaires in the future.  The purpose of this post is to answer some common questions...

What is Asylum in the UK?
By Richmond Chambers -

Asylum and asylum seekers have been near-constant features of the news cycle in the UK for several years now. With the recent introduction of the Nationality and Borders Act, the Rwanda policy and the government’s...

 proposed Illegal Migration Bill, the topic is set to remain highly relevant. Undeniably however, asylum and refugee law also remain widely misunderstood. This article will define the key terms associated...

The Relevance of Chikwamba to Human Rights Appeals
By Alex Papasotiriou - Immigration Barrister

In Alam & Anor v Secretary of State for the Home Department [2023] EWCA Civ 30, the Court of Appeal had to consider the relevance of the decision of the House of Lords in Chikwamba v Secretary of State for...

 the Home Department [2008] UKHL 40 to human rights appeals at present. The Upper Tribunal had dismissed the appeals of the two appellants, as had the First-tier Tribunal before it. The appeals were against the...

Family Life as a Partner Based on Insurmountable Obstacles
By Rosanna Atkinson - Legal Associate

Partner applications under Appendix FM of the Immigration Rules contain strict eligibility requirements for a grant of leave to remain on the 5-year route to settlement. If a partner is unable to meet the strict...

 requirements of the 5-year partner route they may be able to rely on the exception set out in EX.1. of Appendix FM to extend their stay and eventually settle in the UK on the 10-year route.  Article 8 of...

What Is a ‘Fresh Claim’ Under the Immigration Rules?
By Thomas Hill - Immigration Barrister

Take the following scenario. A person makes an application for refugee status or humanitarian protection (a ‘protection claim’), or an immigration application based on their human rights (a ‘human rights claim’)....

 This is refused (or the application is withdrawn), and all rights of appeal are exhausted. Then, the person claims to have important new information or evidence that they want to bring to the Home...

Appendix Private Life - Very Significant Obstacles to Integration
By Alexandra Pease - Barrister Partner

On 15 March 2022 a 205-page Statement of Changes in Immigration Rules was published.  Appendix Private Life was inserted into the rules and the new Appendix  took effect on 20 June 2022.  This Appendix replaced...

 paragraphs 276ADE to 276DH of the Immigration Rules.  We examined the changes and implications in an earlier post: Changes to the Private Life Route: Appendix Private Life (Leave to Remain) Appendix...

High Court Finds UK Government’s Rwanda Policy Is Lawful
By Alex Papasotiriou - Immigration Barrister

On 19 December 2022, the High Court’s judgment in the judicial review claims against the government’s Rwanda policy was published. The policy enables the Secretary of State for the Home Department (“the SSHD”)...

 to decide not to determine the asylum claims of certain persons in the UK but to remove them to Rwanda Thereafter, Rwanda will be responsible for considering their asylum claims and for giving them...
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