The humanitarian protection policy was introduced in April 2003 to replace the policy on Exceptional Leave to Remain. The policy objective is to grant humanitarian protection and to provide protection and a period of limited leave to those who require protection but do not qualify for refugee status.
To be successful, a person must prove that:
they are in the United Kingdom or have arrived at a port of entry in the United Kingdom;
they do not qualify as a refugee as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006;
substantial grounds have been shown for believing that the person concerned if returned to the country of return, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail themselves of the protection of that country; and
they are not excluded from a grant of humanitarian protection.
Grounds for humanitarian protection.
Humanitarian protection should normally be granted where there is a real risk of serious harm on account of one or more of the following grounds:
Article 15(a) of the Qualification Directive: Death penalty or execution
There must be a real risk of the applicant being intentionally deprived of their life or there is a real risk that they would be convicted and face the death penalty in the country of return.
There must be a real risk that a person would be unlawfully (that is extra-judicially) killed by the state or there is a real risk of targeted assassination by non-state agents and there is no effective protection.
Article 15(b) of the Qualification Directive: Torture or inhuman or degrading treatment
There must be a real risk of torture, degrading treatment or punishment.
They must be systematically inhumane and life-threatening. The length of detention, the type of facilities, the individual’s age, gender, vulnerability, physical and mental health will be taken into account.
General violence and other severe humanitarian conditions
This include absence of water, food or basic shelter
Article 15(c) of the Qualification Directive: Indiscriminate violence.
An assessment of protection is needed under Article 15(c) of the Qualification Directive only if the applicant is unable to establish a need for refugee protection or subsidiary protection under Article 15(a) or Article 15(b). A claim for protection based on indiscriminate violence must be assessed by applying the test set out in QD V SSHD.
Why can a person be excluded from a grant of humanitarian protection?
This can be done if the Secretary of State is satisfied that the applicant has committed a crime against peace, a war crime, a crime against humanity or there are serious reasons for considering that they pose a danger to the community or to the security of the UK.
Conditions of Stay.
If an application for humanitarian protection is granted, the applicant will normally be granted leave for 3 years. Having completed 5 years under humanitarian protection in the UK, the applicant may qualify for settlement. It is important to note that settlement is not granted automatically just because the applicant has spent 5 years – they must show that they continue needing humanitarian protection or can justify their grant of further leave.CONSULTATION
Our team of dedicated lawyers has vast experience of working with start-ups, small and medium-sized companies.
We will ensure your business operation are fully compliant, saving you time and money so that you can concentrate on your company growth, and we’ll take care of the rest. Let us know how we can help you by choosing one of the services below. Not sure what you need? Not to worry, ask your questions by filling in the form below, and we’ll get back to you with the answers.
If an individual has Refugee Status or Humanitarian Protection, they may be able to bring their partner/spouse and children to the UK. This is known as a ‘refugee family reunion’.More information
The reasons for seeking asylum can include but not limited to poverty, lack of access to healthcare, education, water, food, housing, the consequences of environmental degradation and climate change etc. International law clearly states that people have a human right to immigrate to other states.More information
The 1951 United Nations Convention Relating to the Status of Refugee defines a refugee as follows:
‘person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear,
There are other types of cases, which are considered as complicated ones. Sterling Law is proud of the number of cases, it has helped its clients to succeed in. They refer to Human rights protection or claiming asylum in the UK.More information
Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted.
Excellent news; adult dependent relative appeal allowed by the First-tier Tribunal (Immigration and Asylum Chamber)!
Our client, an Indian national, came to the UK with her husband lawfully to visit their son and grandchildren, who are British nationals. Sadly, her husband passed away suddenly while they were in the UK. Our client had a history of dementia with Parkinson’s disease along with anxiety and depression, which made her return to India unachievable.
In the recent case of Topadar v Secretary of State for the Home Department  EWCA Civ 1525 the Court of Appeal examined two questions:
At what point is an immigration application decided by the Home Office?
Is it procedurally unfair for the Home Office to refuse an application due to the applicant’s sponsor (i.e. their employer) failing to provide additional information (without the applicant ever being made aware of the request)?
The Court of Appeal decided:
Sterling Law has successfully challenged a decision by Student Finance England to refuse a student loan to a settled non-EU national because it was not believed that he met the lawful residence requirements.