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Human Rights application are made where the person would, if removed, face a serious risk to life or person in the country of origin. It is granted where the person has protection needs but where they do not meet the criteria for refugee status.
What are the eligibility requirements?
To be eligible, the Home Office will consider if you are able to prove that you will face serious consequences if you return to your country of origin. The risk to life or person can arise from:
The death penalty
Unlawful killing or
Torture or inhuman or degrading treatment or punishment.
You will not qualify to obtain Humanitarian Protection under the following circumstances:
Serious grounds for considering they have committed a war crime, crime against peace, a crime against humanity, or another crime grave in nature
Serious grounds or evidence for considering they are a threat to society or they are responsible for instigating acts or convinced others to commit
The applicant committed crimes outside the United Kingdom and if the crimes were committed in the UK, they would be punishable
What applications fall under Humanitarian Protection?
You may be able to apply for the right to remain in the UK based on your right to family/private life in the UK. The right to family and private life is known as an Article 8 right, because it comes from Article 8 of the European Convention on Human Rights (ECHR), which is part of UK law through the Human Rights Act 1998.
Article 3 of ECHR also gives individuals the right to be prevented from torture or inhuman or degrading treatment or punishment.
Application for Article 3 Right to prevention from torture, inhuman or degrading treatment
If you have made an application for Article 3, the Home Office cannot remove you from the UK to the country of origin where there are substantial grounds for believing an individual will face a real risk of serious harm, including torture, inhuman or degrading treatment or punishment.
The threshold for Article 3 claims is high; however, it is an absolute right, meaning there is no situation where it can be lawfully breached.
To make a claim under Article 3, you need the assistance of an experienced human rights lawyer to check if an application can pass the extremely high threshold. Our team will support you through the process, helping you to protect your safety.
Application for Article 8 Right to Family and Private Life:
