What is a human rights claim?

A human rights claim is a claim made to the Home Office that removing a person from the UK, requiring them to leave, or refusing them entry would be unlawful under section 6 of the Human Rights Act 1998. If the Home Office refuses the claim, the law gives the person a right of appeal.

How a human rights claim works

The law defines the term. Section 113 of the Nationality, Immigration and Asylum Act 2002 says a human rights claim is a claim made by a person to the Secretary of State, at a place the Secretary of State designates, that removing them from the UK, requiring them to leave, or refusing them entry would be unlawful under section 6 of the Human Rights Act 1998.^{[1]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 113: Interpretation}

Section 6 of that Act says it is unlawful for a public authority to act in a way that is incompatible with a Convention right.^{[2]legislation.gov.uk, Human Rights Act 1998, section 6: Acts of public authorities} So a human rights claim is an argument that removal, or a refusal of entry, would be an act incompatible with a Convention right. Applications based on family or private life refer to the right to respect for private and family life under Article 8.^{[6]Home Office, Immigration Rules Appendix FM: family members}

What follows a refusal

If the Home Office refuses a human rights claim, section 82 of the 2002 Act gives the person the right to appeal to the Tribunal.^{[3]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 82: Right of appeal to the Tribunal} See right of appeal. GOV.UK says you will usually be told in your decision letter whether you have a right of appeal.^{[7]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

Section 84 sets the ground. An appeal against the refusal of a human rights claim must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998.^{[4]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 84: Grounds of appeal}

The practical steps for an appeal are the same as for other appeals to the First-tier Tribunal.

These figures are on the GOV.UK appeal page.^{[7]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

Where human rights claims appear in applications

A human rights claim can be raised in different ways. GOV.UK describes form FLR(HRO) as the form to extend your stay in the UK for human rights claims, leave outside the rules and other routes not covered by other forms. It says to use FLR(FP) to apply for further leave to remain on the basis of a family or private life in the UK.^{[5]Home Office, Application to extend stay in the UK: FLR(HRO)}

The family Immigration Rules also bring Article 8 into the decision. Under Appendix FM, where an application does not otherwise meet the requirements, the decision maker must consider whether there are exceptional circumstances that would make refusal a breach of Article 8 because it would result in unjustifiably harsh consequences. See exceptional circumstances.^{[6]Home Office, Immigration Rules Appendix FM: family members}

Example

Leila is in the UK and her application to stay with her partner is refused. The decision letter says the Home Office has refused her human rights claim and that she has a right of appeal.

• She has 14 days from the date she received the letter.
• She chooses a decision without a hearing, so the fee is £82.
• Her appeal must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998.

If Leila had asked for a hearing, the fee would be £144. The figures and the ground come from the sources above.^{[4]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 84: Grounds of appeal[7]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

What people get wrong

A human rights claim is a legal argument, not a type of visa. The law defines it as a claim that removal or refusal of entry would be unlawful under section 6 of the Human Rights Act 1998. Whether a refused application counts as the refusal of such a claim is for the law and the decision letter to say.

A second mistake is to treat the appeal as a general review of the application. The appeal ground in section 84 is that the decision is unlawful under section 6 of the Human Rights Act 1998.^{[4]legislation.gov.uk, Nationality, Immigration and Asylum Act 2002, section 84: Grounds of appeal}

The bottom line

A human rights claim is a claim that removing someone, or refusing them entry, would be unlawful under section 6 of the Human Rights Act 1998. If the Home Office refuses it, the law gives a right of appeal on that one ground. The time limit is 14 days in the UK and 28 days outside it. The decision letter usually says whether you can appeal, and a solicitor can say how the law applies to a particular claim.