All claims for Humanitarian Protection are considered by Home Office Asylum Caseworkers. Humanitarian Protection is granted where the person has protection needs but where they do not meet the criteria for refugee status. It is granted where the person would, if removed, face in the country of return a serious risk to life or person arising from:
the death penalty;
unlawful killing; or
torture or inhuman or degrading treatment or punishment.
The API on Humanitarian Protection should be consulted for comprehensive and further advice. The criteria to be met for a grant of Discretionary Leave are set out in the API on Discretionary Leave. The majority of grants of Discretionary Leave are likely to be made in protection cases.
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