Immigration Team Insight: Asif Hanif
The law surrounding Human Rights in the UK may change following the impending review of the Human Rights Act 1998 as announced and pledged, by the Government. An independent panel will conduct a review of the Act to consider whether it needs updating to continue to meet the needs of the society it serves. This means that your rights may soon be subject to change.
The HRA 1998 has been viewed as a contentious Act due to its somewhat controversial decisions as some Articles imposing both negative and positive obligations on states. Article 3, which guarantees the right against inhumane and degrading treatment, is a good example to explore. In Soering v United Kingdom (1989), a German national residing in the UK was wanted for capital murder in the USA. However, the conditions he would experience on death row in the USA amounted to Article 3 inhumane and degrading treatment. Therefore, albeit a now outdated case, he was not extradited until the death penalty (death row experience) was dropped. However, the Act can, and is, used to protect the innocent and vulnerable. Our experienced solicitor, Asif Hanif, has recently, and successfully, used the Act to protect his client in a case that was debated for four years (see below). The HRA protects your fundamental freedoms and although the intention of the panel is clear, the reality and extent of how the HRA may change is not. Nevertheless, our experienced immigration team will be here to advise clients in light of any changes to the law.
How can we help you?
Asif Hanif has six years of post-qualification experience and he regularly deals with complex matters of immigration including applications, appeals and judicial reviews. Asif can help you by applying for spouse and fiancé visas, family and private life matters and naturalisation applications. Asif has extensive experience in private and corporate immigration matters. Moreover, his experience of dealing with hundreds of appeals concerning adult-dependent children of Gurkhas means he can passionately fight your corner and appeal unjust decisions. Before joining Henry Hyams, Asif would regularly prepare in excess of 60 appeals per month and is very experienced in this field. His judicial review work is generally based on family and private life applications that had been certified by the Home Office as being “clearly unfounded”. Asif has successfully challenged many such decisions at the Court of Appeal.
Recent case: M v SSHD
Asif worked on M’s case for four years and recently successfully appealed the decision of the Home Office. M is HIV positive and her life is being saved by trial treatment in the UK. As a foreign national, the Home Office placed a deportation order against M following a criminal conviction. Asif challenged this order at the First tier-Tribunal. Initially, the appeal was refused. Following this, Asif successfully challenged this refusal on the basis that the Judge’s interpretation was flawed as the decision did not consider Article 3 and Article 8 ECHR. Asif’s argument was that if she was returned to Zimbabwe, where the treatment was not available, her health would deteriorate and this would result in her death. In light of the Supreme Court decision in AM v Zimbabwe (2020), Asif applied for permission to appeal to the Upper Tribunal and this case was subsequently heard before an Upper Tribunal Judge. Usually, the decision is remitted back to the First-tier Tribunal if the appeal is allowed at the Upper Tribunal. However, due to the compelling evidence presented, the Judge in the Upper Tribunal granted outright permission on the spot and the decision was quashed.
What our clients say
• Bhim (Family and private life advice)- “Mr Asif assisted me with all the right procedures/information. He is very helpful and guided me to all the necessary documents required regarding my spouse to bring her to the UK, as expected from Mr Asif. I have worked with him previously and he is very friendly, provides excellent client service and is always at the top of his work. Highly recommended.”
• Lloyds (Visit visa)- “Mr Asif Hanif gave me a first-class service and was available on the other end of the telephone every step of the way. Highly recommend. I want to thank Mr Asif for his best service and support.”
• Sundus (EU Settlement Scheme)- “A very professional and responsive team. I had an immigration case with the solicitor Asif Hanif, and he proved to be very helpful, professional, wide-knowledgeable, and patient. He is very good in time management and following up. His instructions made my complicated case to be solved easily and in an incredibly short time. He was so understanding and really useful in advice and foreseeing. His wise judgment and plans set everything on their correct path to winning the best positive results. I could not thank him better. I deeply feel grateful to him and sincerely appreciate his efforts and long patience with me!”
• Andrew (Spouse extension)- “We worked with Asif Hanif, to get my wife’s Residence Permit extended and found his dedication and assistance to be top class. He informed us of the various options very clearly, worked out which path was the most suitable for us and greatly assisted in putting all the necessary paperwork together. He kept us well informed and my wife obtained her permit in good time. I can highly recommend Asif.”
• Amine (Change of conditions application)- “He provided amazing service and always got back to me straight away by call or email. Mr Asif was honest about my case and did tell me the challenges we might face, he was truly amazing and all of his hard work showed outstanding results. I cannot thank you enough for all of your help, professionalism and patience.”
• Khalid (Tier 5 Licence)- Thank you Asif Hanif for your excellent advice and professionalism on our application for Tier 5 Religious Worker application which got turned around in five weeks. Our organisation can now move forward on a long-standing ambitious project! We highly recommend Henry Hyams for your legal requirements.