We have revamped the Right to Remain Toolkit, creating a new page that looks just at “Article 8” family/private life cases – a type of human rights application for the right to remain in the UK.
In this context, we are talking about someone seeking the right to stay in the UK because they need medical treatment that is not available to them in their country of origin.
Cases involving human rights/medical grounds are particularly complicated, and often very distressing.
If you have evidence you wish to submit to the Home Office to consider as a fresh claim after you are “appeal rights exhausted”, in most cases you need to make an appointment to submit the evidence in person at the Further Submissions Unit in Liverpool.
At one of the training sessions we ran this week with volunteers who are keen to learn more and do more for people seeking the right to remain in the UK – we looked at evidence. What ‘evidence’ means, in the context of asylum, immigration and human rights cases. How someone can get this evidence, and how others can help them. We discussed how important documentary evidence is, when so many legal cases are refused on the basis of credibility – the Home Office or the courts don’t believe you are telling the truth.
Not all immigration decisions have the right of appeal in the UK.
There is currently only the right of appeal within the UK if the Home Office refuse an application based on: an “international protection” claim (asylum or Humanitarian Protection applications); a decision to revoke refugee status or humanitarian protection; a decision that you have no right to remain under European law; or a human rights claim.
And not all applications based on human rights or protection grounds have a right of appeal in the UK.
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