We act where an immigration application is refused, and an appeal is brought, usually on the basis that the decision is not compatible with the Human Rights Act 1998, which incorporates into UK law the European Convention on Human Rights and Fundamental Freedoms (ECHR). See the “European law” link for the separate issue of cases involving European Union law rights after Brexit. We also advise on circumstances in which a person may be able to apply to the Home Office relying on their rights under ECHR. 

In these cases we put forward arguments based on Article 8 (the right to respect for private life, family life, home and correspondence) and often Article 3 (prohibition of torture, inhuman or degrading treatment). In appropriate cases we also argue Article 4 (right not to be held in slavery or servitude or made to do forced labour), Article 5 (right to liberty) and Article 14 (right not to be discriminated against in the enjoyment of ECHR rights).

These cases can be complex, especially where applicants do not fit clearly into a category of the Immigration Rules, face removal, or have previously been refused. We understand, and can advise on, the strict evidential thresholds and deadlines applicable. Our understanding of legal principles and case law, and the need to support claims with evidence, allows us to advise and present the case in the most persuasive way possible.

We are experts in human rights law. One Pump Court’s immigration team barristers regularly appear in human rights appeals and judicial reviews in the Immigration and Asylum Chamber and higher courts and have appeared in leading cases all the way up to the European Court of Human Rights.