Handling the UK’s immigration system can be an overwhelming and complex journey, particularly when your case involves a potential breach of your human rights. Applications for leave to enter or remain in the UK may, under certain circumstances, engage the European Convention on Human Rights (ECHR), which is directly enforceable under the Human Rights Act 1998. This article offers a detailed overview of how human rights claims are defined, determined, and processed in UK immigration law, and why it is critical to instruct experienced legal professionals—such as our leading London Law Firm—to prepare and submit your FLR(HRO) application.
What Is a Human Rights Claim in the Context of UK Immigration?
A human rights claim in UK immigration law is formally defined under section 113 of the Nationality, Immigration and Asylum Act 2002 (NIAA), as amended by the Immigration Act 2014. The legislation states that:
“Human rights claim” means a claim made by a person to the Secretary of State that to remove them from the UK, or to refuse them entry, would be unlawful under section 6 of the Human Rights Act 1998.
Section 6 of the HRA obligates all public authorities, including the Home Office, to act in a way that is compatible with the ECHR. The ECHR sets out fundamental rights such as the right to private and family life (Article 8), freedom from torture or inhuman and degrading treatment (Article 3), and the right to life (Article 2), among others.
When preparing a human rights-based immigration application, ensuring the argument is clearly “particularised” and supported by strong legal and factual grounds is essential. This is where instructing a knowledgeable and meticulous legal team becomes invaluable.
Who Decides What Constitutes a Human Rights Claim?
While the Secretary of State (via Home Office caseworkers) makes an initial determination on whether an application engages human rights, it is ultimately the First-tier Tribunal that has jurisdiction to determine whether a human rights claim has been made or refused.
Under section 82 of the NIAA, a right of appeal exists in cases involving:
- Refusal of a protection claim;
- Refusal of a human rights claim; or
- Revocation of an individual’s protection status.
However, not all refusals carry appeal rights. In some instances, applicants may only be eligible for an administrative review, and in others, no recourse may be available unless a formal human rights claim is recognised.
This legal uncertainty highlights the importance of submitting an application that properly identifies and substantiates a human rights claim. Our legal team has an in-depth understanding of how to position your case for recognition by both the Home Office and the Tribunal, particularly when filing an FLR(HRO) application.
What are Common Immigration Routes That Engage Human Rights?
According to the Home Office’s Current Rights of Appeal Guidance, several immigration routes are inherently likely to involve human rights claims. These include:
- 10-Year Long Residence Applications under former Paragraph 276B of the Immigration Rules.
- Private Life Applications, now covered under Appendix Private Life, previously 276ADE.
- Family Route Applications under Appendix FM, except for those based on bereavement (BPILR) and domestic violence (DVILR).
- Applications involving partners or children of HM Forces members, under various parts of the Rules and Appendices.
- Asylum applications and certain humanitarian protection routes.
It is critical to note that not every application under these routes is automatically deemed a human rights claim. The application must articulate—either explicitly or implicitly—that removal or refusal would breach the individual’s human rights.
Our expert immigration solicitors ensure that all human rights elements in your case are effectively raised and documented, particularly when preparing your FLR(HRO) application, which is designed for such claims.
When Could You Use Form FLR(HRO) and Why It Matters?
The correct use of Form FLR(HRO) is crucial when making a human rights application outside of the Immigration Rules. The now-archived FLR(O) form previously served this purpose, but current guidance specifies FLR(HRO) and FLR(IR) depending on the type of application.
Failure to use the appropriate form can result in the application being rejected as invalid—potentially extinguishing your rights and jeopardising your stay in the UK. Our firm ensures that the correct procedural route is followed to protect your position under the law.
How Do Caseworkers Assess Your Human Rights Claim?
When evaluating whether a human rights claim has been made, Home Office caseworkers are guided by several key questions:
- Does the application expressly mention human rights?
- Do the facts raised engage rights under the ECHR, even if not labelled as a human rights claim?
- Are the issues particularised and capable of supporting a claim under Articles 3, 8, or other provisions?
A successful human rights claim often hinges on detailed narrative, legal reasoning, and corroborative evidence. For instance, an applicant might not declare “I have a human rights claim,” but might state that returning to their home country would subject them to inhuman treatment or family separation—thereby engaging Article 3 or Article 8 protections.
Our legal team specialises in crafting such persuasive narratives and supplying the right evidentiary support to ensure your human rights are fully considered and protected.
Case Law Clarification: MY (Pakistan)
In the landmark case MY (Pakistan) v Secretary of State, the Court of Appeal clarified that not all applications for leave to remain necessarily include a human rights claim. The case involved an individual applying for indefinite leave to remain as a victim of domestic violence, who later argued that his application should be considered a human rights claim due to risk of harm on return.
The Court held that unless the human rights elements are explicitly raised and properly submitted—preferably through the correct application form—the Secretary of State is not obliged to treat the matter as a human rights claim.
This decision reinforces the necessity of properly drafting and submitting an FLR(HRO) application. Our solicitors are well-versed in applying this case law and ensuring your submission meets the Home Office’s procedural and substantive requirements.
Why Instruct Our Leading London Law Firm?
Our firm is recognised for its bespoke immigration services and unmatched expertise in human rights-based applications. Here’s why clients choose us to handle their FLR(HRO) submissions:
- Precision in Application Drafting: We ensure every application is factually robust and legally sound, including clear identification of the human rights engaged.
- Up-to-Date Legal Knowledge: Our team closely monitors evolving case law such as MY (Pakistan) and incorporates these rulings into our strategy.
- Form Compliance and Timeliness: We use the correct application forms and meet all required deadlines to avoid invalid submissions.
- Effective Appeals and Representation: Where applications are refused, we are equipped to lodge strong appeals before the First-tier Tribunal and beyond.
- Client-Centred Approach: Each case is handled with care, confidentiality, and a personalised strategy tailored to your circumstances.
Conclusion
Human rights claims in UK immigration applications are among the most intricate and sensitive legal matters. While it is possible to raise these issues independently, the risks of procedural missteps, invalid applications, and missed appeal rights are high. A well-prepared and correctly submitted FLR(HRO) application could make the difference between remaining in the UK or facing removal.
For this reason, we strongly advise instructing our London-based immigration experts to guide and represent you throughout the process. With a proven track record, in-depth legal insight, and a commitment to achieving results, our law firm stands as a pillar of support during a critical time in your life. Contact us today for an initial consultation—secure your rights and safeguard your future.