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Asylum and Fundamental Rights

Asylum and human rights applications can be distressing processes to go through. The Seraphus team includes accredited asylum and human rights lawyers to assist anyone seeking safe refuge, asylum or human rights protection to obtain their right to stay in the UK. We can also help you challenge negative decisions you may have received from the Home Office in these areas.

Asylum and human rights applications involve international and domestic law. They can take a considerable amount of time, depending on the applicant’s situation, and can be quite complicated. We can help you every step of the way, from initial applications to judicial review and appeal procedures.
Seeking asylum is available to those who are unable to return to their home country for fear being persecuted in their home country and therefore seek protection in the UK.
Human rights applications, on the other hand, are based on the amount of time you have spent in the UK and the ties you may have established here. Those ties may form barriers to your removal if removing you would breach your fundamental human rights.
We can advise you and your loved ones on the best available options for someone in your circumstances. We can also refer you to certain charities and organisations who may be able to help you free of charge for certain aspects of your application, such as immigration bail or legal aid firms.

Who can claim asylum in the UK?
Asylum is granted to those who are fleeing a country where they have a real fear of persecution because of their race, religion, nationality, political opinion or membership of a particular social group (e.g. gender-based persecution). Asking for asylum in the UK means the applicant is asking the UK to protect them from the persecution they face back at home. Applicants must show that they are not willing or able to return without being subjected to persecution, and that their home country itself cannot protect them from the risk of persecution.

What are human rights based applications?
Human rights based on which such an application can be made can be found in the European Convention on Human Rights (ECHR). An example of a human rights-based application is an application based on Article 8 of the ECHR, which guarantees the right to Family and Private life. If a client has been in the UK for a number of years and has a wife and children in the UK, for example, they may be able to argue that removing them because they are in breach of the Immigration Rules harms their Art. 8 rights to be with their family.

How is a human rights application decided?
Under the Human Rights Act 1998, you may be entitled to apply to remain in the UK on a Human Rights grounds if you have exceptional, compassionate and compelling circumstances which make you want to remain in the UK. These types of appliations are discretionary and outside of the immigration rules, meaning that there are no guarantees as to their outcome, and the Home Office may decide them on a case-by-case basis. If successful, applicants can be granted Limited or Discretionary Leave to Remain.
It will be necessary for your OTS Immigration Solicitor to carry out a detailed assessment of your personal circumstances to identify on which basis of the Human Rights Act you may be entitled to settle in the UK, such as Article 8 Family and Private Life.

Is there a fee?
Asylum and human rights applications to the Home Office are free. However, because these applications are sometimes complicated, applicants will often incur legal fees payable to their representatives, unless they are eligible for Legal Aid, in which case they can get legal assistance free of charge.

If I could give Seraphus more than 5 stars I would. My complex immigration issue has been compounded by terrible legal advice from other lawyers. Seraphus went above and beyond to help me find a way forward and I’m truly grateful! I can honestly say that Seraphus is a genuine, and competent firm who will stand with you on your immigration issue - I strongly recommend them!


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If you have any questions about our services or you would like to instruct us to represent you with your application or appeal please get in contact with us now.

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