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Human Rights Law in Immigration & British Nationality

Human Rights Laws | UK Immigration Laws and British Nationality Laws

The Human Rights Laws will be impacted as we move out of EU and the UK Government will soon decide to create the “British Bill of Rights”. The aim is to move away from EU Courts to provide governance to the UK’s domestic laws and policies. It is further created to begin a new chapter for the UK. 

The European Convention on Human Rights (ECHR) has defined, and deals with, a number of basic rights that are guaranteed to every individual - irrespective of their race, religion, nationality or membership of a particular social group - who resides within the countries belonging to the Council of Europe (There are 46 member countries including the 26 member states of the European Union).

The ECHR provides a list of fundamental human rights and each of them is enshrined in separate Articles in section 1 of the ECHR, whilst the other sections deal with the establishment of the European Court of Human Rights and other miscellaneous provisions.

Interplay between UK Immigration Laws, British Nationality Laws & Human Rights Law

In most immigration applications, consideration of right to family and private life forms part of all decisions. Article 8 ECHR broadly defines the right to private and family life of every person living within the borders of the Council of Europe countries and is relevant to all immigration decisions taken by the public authorities of the member states.

Further to this, human rights grounds can be also given consideration when you apply under the British Nationality Act. In most cases, you will be using Article 8 ECHR as part of your legal defence. 

Application under Human Rights Laws 

Majority applications which consider the human rights policies are under Appendix FM and Part 7 of the Immigration Rules. However in all immigration application must consider the use of human rights policies, to ensure that all decisions are made fairly and correctly. 

Public interest arguments

The Immigration Act 2014 created a new provision labelled as the public interest arguments and forms part of all decisions made by the Home Office, The Tribunals and the Courts. 

Discussion on the British Bill of Rights 

Brexit have forced the UK Government to re-think the use of the Human Rights laws. Following this, the UK Government have appointed a joint committee to do a fact finding mission and present those findings for a debate, with the aim to create the Bill of Rights. 

The Joint Committee on Human Rights is appointed by the House of Lords and the House of Commons to consider matters relating to human rights in the United Kingdom (but excluding consideration of individual cases); proposals for remedial orders, draft remedial orders and remedial orders. The Joint Committee has a maximum of six Members appointed by each House, of whom the quorum for any formal proceedings is two from each House.

The purpose of the joint committee work was to consider evidences from a range of witnesses about whether there is a need for a Bill of Rights, who the Bill of Rights should cover, what the Bill should include, whether it should incorporate social and economic rights, how a Bill of Rights would fit in with and affect the relationship between Parliament, the executive and the courts, whether the Bill should refer to responsibilities, and how Government should consult the public about a future Bill. 

Taking legal advice on the application of the Human Rights laws

In most immigration applications, the use of Human Rights laws forms part of the decision made by the Home Office. We at ICS Legal will provide guidance and correct advice on which route to apply under Human Rights laws and we find this is essential when considering to apply on this basis to remain in the UK.

You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com

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