Certification of Human Rights Claims

Immigration Act 2016, which came into force on 12 May 2016, brought a series of major changes to immigration law and implemented offences, penalties and schemes to tackle illegal migration.

The latest scheme to be implemented came into force on the 1st December 2016 wherein the 2016 Act amended section 94B of the Nationality, Immigration and Asylum Act 2002 to extend its scope to certify all human rights claims where certification would not cause serious irreversible harm or otherwise breach human rights.

The amended section 94B now meant that an appeal can only be lodged and heard, or continued if their claim is certified after the appeal is lodged, while the applicant is outside the UK.

Following this, guidance has been updated on how the power to certify should be exercised by immigration officials:

The power to certify non-deport cases will be applied on or after 1 December 2016 where the case under consideration meets both of the criteria below:

  • the applicant did not have existing leave at the point that they made their human rights claim (for example, overstayers or illegal entrants)
  • the applicant does not rely on their relationship with a British national family member. For the purposes of identifying this cohort, the term ‘family member’ means a partner, parent, or child, where there is evidence of the relationship.”

Applicants falling within this category should be careful in making their application and needs to be aware that their application could be certified.

If you think you fall into the criteria mentioned above or have questions regarding this, contact one of our advisors for further advice as this issue will need to addressed head-on.

Related Posts

No Comments Yet.

Leave a reply

I consent to Immigration And Migration and it's group companies collecting my data.
This comment collects your personal data so as we can conduct work on your behalf. Check out our privacy policy for the full story on how we protect and manage your submitted Data!


UK Immigration

Business People & Investors
Sole Representatives
Tier 1 UK Visas
Tier 1 UK General Visa
Tier 1 UK (General) Assessment
Tier 1 Uk Entrepreneur Visa
Tier 1 UK Graduate Entrepreneur Visa
Studying in the UK
Tier 4 (General) UK Student Visas
Tier 4 (Child) UK Student Visa
UK Student Visitor Visa
Other Immigration Applications
Ancestry and Commonwealth
EEA Applications
Long Residence
Indefinite Leave (ILR)
British Citizenship
Other Visa Countries
Australia
Canada
Portugal
United States

Work Permits
Tier 2 UK General Visa
Tier 2 UK Immigration Migrant Application
Temporary Workers
Tier 5 UK Youth Mobility Scheme
Visiting the UK
General Visitor Visa
Business Visitor Visa
Family Visitor Visa
Child Visitor Visa
Marriage Visitor Visa
Family Immigration
Spouses and Partners
Dependant Children
Extended Family Members

Careers
Businesses and Institutions
Businesses
Sponsorship Licences
Education Providers
Entrepreneurs
Global Mobility
Professional Partners

Have Questions?

Speak to our team! Enter your details below:
By clicking Call Me Back, you consent to iam (immigration and migration) and it's group companies collecting your data. Check out our privacy policy for the full story on how we protect and manage your submitted Data!