Human Rights Guideline
The European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe.
The Convention includes the following basic rights and freedoms:
- The right to liberty and security
- The right to no punishment without law
- The right to fair trial
- The right to respect private and family life
- The right to marry
- The right to a remedy of human rights abuses
- Freedom of thought, conscience and religion
- Freedom of expression
- Prohibition of discrimination
- Freedom of assembly and association
- Prohibition of torture
- Prohibition of slavery and forced labour
- Prohibition of the abuse of rights
In some circumstances there may be exceptions to the European Convention on Human Rights.
The European Convention on Human Rights, prevents the UK sending someone to a country where there is a genuine risk that they will be exposed to torture, inhuman or degrading treatment or punishment.
The European Convention on Human Rights also means that if a person is subject to an immigration decision they have the right to appeal to the European Court of Human Rights, this is a separate court system where the case will be heard by a specialist judge.
It would be unlawful for the UK immigration service to return an illegal immigrant to their own country if there is a strong chance that they will have to face torture, degradation and inhumane treatment.
The European Convention on Human Rights also provides protection for the families of immigrants. If a person's family cannot return to their home country safely then the family will be granted immigration status. This right is not absolute and it can be prevented if the other family member is deemed a threat to public or national security.
You have a right to appeal a decision to the Asylum and Immigration Tribunal (AIT) for one of the following reasons:
- Your UK Visa has expired
- you have no Visa
- you seek Asylum without a Visa
- you have breached your Visa conditions
- you have been refused entry to Britain
You must claim your right to live in your first country of arrival that has signed the Geneva Convention, which may or may not be the UK.
You may claim the Right to live in the UK if:
- Your children are here,
- Your partner/ husband/ wife are here.
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