Human rights claims in visitor applications
Produced in partnership with Gillian McCall of Richmond Chambers
Human rights claims in visitor applications

The following Immigration practice note produced in partnership with Gillian McCall of Richmond Chambers provides comprehensive and up to date legal information covering:

  • Human rights claims in visitor applications
  • The Home Office's approach
  • Question 1: Does the application say it is a human rights claim?
  • Question 2: Does the application amount to an implied human rights claim?
  • Question 3: Are the matters raised capable of engaging human rights?
  • Question 4: Does the claim have any prospect of success?
  • The tribunal's approach

A person who makes an application for entry clearance, leave to enter or leave to remain as a visitor (standard) has a right of appeal where the refusal of the application is also a refusal of a human rights claim.

Home Office has issued guidance to entry clearance officers (ECOs) on its approach to identifying whether a right of appeal on human rights grounds exists where an application has been made under the visitor (standard) category. If the ECO considers that the human rights claim may have a prospect of success, the case must be forwarded to the referred casework unit (RCU) in the UK for a decision.

As is discussed further in Practice Note: Rights of appeal where the Immigration Act 2014 and Immigration Act 2016 appeals regimes apply—Rights of appeal, this is line with the Home Office's general approach since the implementation of the Immigration Act 2014, where it seeks to act as gatekeeper of appeal rights where a human rights claim has been made. It is however, ultimately, a matter for the tribunal to determine whether it has jurisdiction to hear an appeal and an applicant whose visitor (standard) application has been refused without a right of appeal can nevertheless submit an appeal and ask for the tribunal to consider, as a preliminary issue, whether it has jurisdiction (ie whether a human rights

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