Human Rights and Humanitarian Protection

Human Rights and Humanitarian Protection in the UK

The UK is bound by international human rights obligations that protect individuals from inhumane treatment, persecution, or separation from family life. At The McKenzie Friend, we help clients prepare and submit Human Rights and Humanitarian Protection applications to the Home Office — ensuring their rights are properly recognised under UK and international law.

Whether you’re facing removal from the UK, have been refused a visa, or fear persecution in your home country, our team provides expert guidance and representation to help you build a strong case based on your individual circumstances.

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Understanding Human Rights Applications

Human rights claims are made under the European Convention on Human Rights (ECHR) and incorporated into UK law through the Human Rights Act 1998. The two most common articles relied upon in immigration cases are:

• Article 8: Right to respect for private and family life
• Article 3: Protection against torture or inhuman or degrading treatment

These rights protect individuals from being separated from loved ones, sent to countries where they face persecution, or denied access to a fair and compassionate review of their situation.

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Article 8 – Right to Family and Private Life

Under Article 8, individuals have the right to live with their family or maintain their private life in the UK if removal or deportation would cause undue hardship or be disproportionate. This includes:

• Spouses or partners of British citizens or settled persons
• Parents of British or settled children
• Long-term residents who have established a private life in the UK
• Individuals with strong community, social, or cultural ties

Applications based on Article 8 must demonstrate the genuine nature of your relationships, your dependency on family members, and how removal would cause serious disruption or distress.

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Article 3 – Protection from Inhumane Treatment

Article 3 offers absolute protection against being sent to a country where there is a real risk of torture, inhumane, or degrading treatment. This applies to individuals fleeing war, political persecution, or other forms of harm. It also covers serious medical cases where deportation would lead to inhumane suffering due to lack of treatment.

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Humanitarian Protection

Humanitarian protection is for individuals who do not qualify as refugees but still face serious risks if returned to their country of origin. Common examples include:

• Armed conflict and widespread violence
• Severe instability or breakdown of law and order
• Risk of serious harm for political, ethnic, or religious reasons

This route grants limited leave to remain in the UK for up to 5 years, after which you may apply for settlement if conditions remain unsafe.

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Our Approach

At The McKenzie Friend, we take a careful, evidence-based approach to each human rights or humanitarian case. We understand that no two situations are the same, and we ensure your personal story and evidence are presented with compassion and legal precision.

1. Case Review: We examine your current immigration status, history, and risks.
2. Evidence Gathering: We help you collect supporting evidence, including medical records, witness statements, and proof of family relationships.
3. Application Preparation: We draft and submit a detailed application highlighting all relevant human rights grounds.
4. Ongoing Representation: If refused, we assist with appeals or judicial reviews where appropriate.

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Why Choose The McKenzie Friend?

• Extensive experience with complex immigration and human rights cases
• Compassionate and confidential approach to sensitive matters
• Meticulous case preparation for Home Office and tribunal submissions
• Affordable, transparent pricing

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