Human Rights Law
The UK Border Agency has a duty to ensure that its decisions are consistent with the European Convention on Human Rights. This includes Article 3, protection from torture, or inhuman or degrading treatment or punishment and Article 8, the right to respect for the private and family life of the individual.
From July 2012, the Immigration Rules include criteria to be applied to Article 8 claims. This sets out the UK Border Agency’s approach to the right for respect to private and family life in the Rules for the first time. We anticipate that these changes will be subject to litigation.
We regularly argue human rights issues before the Immigration Tribunal.