Human Rights - Compassionate, discretionary applications

It should be noted that not all individual circumstances could be covered by the Immigration Rules however the UK Border Agency recognise this and therefore have concessions and policies whereby they can exercise their discretion in making decision that may suit your individual needs and allow you to remain legally in the UK. Such applications outside of the Immigration Rules may include applications for leave to remain on medical grounds or other compassionate and exceptional circumstances which often have common associations with Human Rights.

Since 2nd October 2000 when the Human Rights Act 1998 came into force the UK Border Agency have a duty to respect the rights protected in the European Convention of Human Rights and Fundamental Freedoms (ECHR) into UK domestic law. Such frequently relied upon provisions are Article 3 and 8, prohibition of torture and cruel, inhuman and degrading treatment and, the right to respect for family and private life respectively.

Our team provides advice and assistance in applications outside of the Immigration Rules that can be particularly complex, including applications for international protection either under the ECHR or UN Refugee Convention. Our use of Human Rights arguments further assists in appeals to the AIT against human rights related decisions of the UK Border Agency and representations to the UK Border Agency in relation to alleged breaches to argue fair procedures and for a remedy and compensation when matters have gone wrong.