Article 8 and Article 3 Human Rights Application

Overview

Article 8 and Article 3 are important provisions of the European Convention on Human Rights (ECHR) that are frequently invoked in immigration cases in the UK.

Article 8 of the ECHR provides for the right to respect for private and family life, and the UK courts have interpreted this to include the right to remain in the UK with family members. This can be relevant in cases where an individual is facing deportation or removal from the UK. In order to successfully argue an Article 8 claim, the individual must show that their removal would interfere with their right to respect for their private and family life, and that this interference would not be proportionate.

Article 3 of the ECHR provides for the prohibition of torture, inhuman, or degrading treatment or punishment. This can be relevant in cases where an individual is facing deportation or removal to a country where they are at risk of such treatment. In order to successfully argue an Article 3 claim, the individual must show that there are substantial grounds for believing that they would face a real risk of such treatment if removed.

Applications based on Article 8 and Article 3 can be made outside of the usual immigration rules, and are often referred to as human rights applications. These applications can be made at any stage of an individual’s immigration case, and can be made alongside other types of applications, such as asylum or protection claims.

It is important to note that the UK government has introduced a number of changes to the immigration rules in recent years, which have restricted the ability of individuals to make human rights applications. It is therefore advisable to seek legal advice from an experienced immigration solicitor if you are considering making such an application.