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LOCATION: Home » Human Rights

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Family From Gaza Settle In UK Following Ukraine Scheme Application: A Legal Loophole?
By Jasmine Theilgaard - Immigration Barrister

In This Article 1. Introduction: A Tribunal Decision at the Centre of Political Debate 2. The Appellants’ Background and Entry Clearance Application 3. Home Office Refusal: No Resettlement Route for Palestinians 4....

 First-Tier Tribunal: Recognising a Human Rights Claim 5. First-Tier Tribunal Decision: Balancing Family Life and Public Interest 6. Grounds of Appeal: Alleged Errors in the First-Tier Tribunal’s...

Article 8, Overseas Family Members & Refugee Family Reunion
By David Zuther - Legal Associate

In This Article 1. Introduction to Article 8 of the European Convention on Human Rights (ECHR) 2. Background of the Al Hassan and Ors Case 3. The Appeal to the Upper Tribunal 4. Remaking the Decision: Proportionality...

 and Refugee Family Reunion 5. Conclusion and Future Impact 6. Contact Our Immigration Barristers 7. Frequently Asked Questions 8. Glossary 9. Additional Resources 1. Introduction to Article 8 of the...

Court of Appeal: Entry Clearance Refusals Can Breach Article 8
By Alex Papasotiriou - Immigration Barrister

In Saleh Ahmed Handule Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 the Court of Appeal confirmed in principle that the right to respect for a person’s pre-existing private...

 life, developed whilst they were in the UK, can be engaged by a refusal of entry clearance sought in order to return to the UK. Factual Background The appellant, a national of Somalia, born on 1 July...

The Safety of Rwanda Act 2024 Explained
By Anna Bregstein - Immigration Barrister

After months of what is known as parliamentary ‘ping pong’, the third amendment to the Safety of Rwanda (Asylum and Immigration) Bill (hereafter ‘the Bill’) was rejected by the House of Commons, resolving...

 the deadlock between the Houses. The latest amendments would have required the UK to set up an independent monitoring committee to report to Parliament before Rwanda could be declared ‘safe’, and to...

Country Policy and Information Notes (CPINs) in Asylum and Human Rights Appeals
By Thomas Hill - Immigration Barrister

When asylum and human rights cases go to appeal, the judge will often need to consider circumstances in a foreign country, usually (though not necessarily) the appellant’s country of origin. When this is the case,...

 it will generally assist the court to have detailed factual evidence on that country. Appellants can of course provide evidence of their own: when we are instructed to assist with appeals, for example,...

Discretionary Leave to Remain in the UK Explained
By David Zuther - Legal Associate

The Immigration Rules are intended to be an exhaustive legal framework for deciding who should be allowed to enter and stay in the UK. Ordinarily, if a non-UK citizen cannot show that they meet the requirements of...

 one of the many categories of permission set out in the Rules, they will not be able to stay in the UK. However, there may be exceptional circumstances which mean that not allowing someone to remain in the...

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...

Article 3 in Health-Based Immigration Applications
By Richmond Chambers -

The Home Office and Immigration Tribunals are public bodies. They therefore have a duty under s6(1) of the Human Rights Act 1998 not to act incompatibly with the European Convention on Human Rights. Article 3 of...

 the ECHR creates an absolute prohibition on torture and inhuman or degrading treatment or punishment. Therefore, the Home Office and Immigration Tribunal cannot make decisions that will result in, or create...

What Is Leave Outside the Immigration Rules?
By Alexandra Pease - Barrister Partner

In this post we examine the possibility of being granted Leave to Remain Outside the Immigration Rules and the possibility of being granted Indefinite Leave to Remain based on the most exceptional compelling...

 compassionate grounds. Leave To Remain Outside the Immigration Rules (LOTR) Guidance The Home Office policy document entitled Leave outside the Immigration Rules guidance, Version 1.0, dated 27 February...

Student loans, ILR, domestic violence and human rights
By Richmond Chambers -

In a recent application for judicial review, OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court considered whether the decision to refuse the Claimant a student loan breached her human...

 rights. Mr Justice Nicol delivered the judgment on 13 February 2020. Facts The Claimant was a Nigerian national who had lived in the UK since 2011. She had entered as a Tier 4 student to study for a B.Sc....

Judgment in Virabyan v. Armenia handed down by European Court of Human Rights
By Richmond Chambers -

In its recent judgment in the case of Virabyan v. Armenia (Application no. 40094/05), the European Court of Human Rights (ECtHR) found Armenia to have breached articles 3, 6 and 14 of the European Convention on...

 Human Rights (ECHR).   Paul Richmond of Richmond Chambers, instructed by the Kurdish Human Rights Project, drafted both the initial application to the European Court and the response to the submission of...

Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261
By Richmond Chambers -

In this case, the Court of Appeal discussed whether or not there is a 'near miss principle' in Article 8 cases.

 In this case, the Court of Appeal discussed whether or not there is a 'near miss principle' in Article 8 cases.
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