Asylum Seekers and Human Rights Law

The asylum law is governed by the UN Convention Relating to the Status of Refugees (the Refugee Convention). Asylum seekers in the UK are recognised as refugees if they can prove that they have a well founded fear of persecution in their home country for reasons of:

• Race

• Nationality

• Religion

• Social Group

• Political Reason

The Human Rights Act 1998 came into force on 2 October 2000 and incorporated the European Convention on Human Rights and Fundamental Freedoms (‘ECHR’) into UK domestic law. Since that date, the State and all public bodies have been bound by a duty to respect the rights enshrined in the ECHR. This has expanded the basis upon which an individual may be permitted to remain in the UK for protection and humanitarian reasons. Article 3 of the ECHR prevents someone from being returned to a country where there is a real risk they will be exposed to torture, or inhuman or degrading treatment or punishment. Article 8 of the ECHR prevents someone from being removed from the UK if their removal would result in a very serious and unjustified interference with their family or private life.

Asylum and human rights are very complex areas of law and legal representation is essential.