Asylum - Human Rights
Asylum Application and Human Rights
Asylum Application
If you are in need of advice and representations in your asylum application to the UK Border Agency or at appeal stages in the courts, we are here to provide high quality advice and representations. You can apply for asylum if your reasons for the application is either political, nationality, ethnic, religious or any other grounds defined by the 1951 Refugee Convention.
If you don't qualify for asylum under the 1951 Convention, we will carefully assess whether you have any other reasons for 'claim' for discretionary or humanitarian leave or on human rights grounds. You may have rights under the Universal Declaration of Human Rights(UDHR) or European Convention on Human Rights(ECHR). The United Kingdom(UK) is a signatory party to the both conventions and under the obligation to respect and protect the rights enshrined in the Conventions.
The 1951 Refugee Convention
The 1951 Convention relating to the Status of Refugees is the key legal document in defining who is a refugee, their rights and the legal obligations of states. The Convention defines refugee who owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
The European Convention on Human Rights
The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe. All member of Council of Europe are party to the Convention. The Convention established the European Court of Human Rights. Any individuals can take a case to the court against the states if he or she feels the state have violated his/her human rights. The establishment of a court to protect from human rights violations was an innovative feature of an international convention. The ECHR has been incorporated to the UK domestic law by the Human Rights Act 1998.
Human Rights
The United Kingdom is a signatory party to European Convention on Human Rights(ECHR). The rights under the Convention have been incorporated into domestic law by Human Rights Act (HRA) 1998. The UK is obliged to respect and protect the human rights inshrined in the Convention and Act.
The European Convention on Human Rights (ECHR)
Article 2
Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
Article 3
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 5
Everyone has the right to liberty and security of person.
Article 8
Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 12
Men and women of marriageable age have the right to marry and to found a family,
Article 14
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.