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Complex Matters

Human Rights Law

Human Rights law is usually raised both inside and outside of the immigrant Rules

While discretion can still be applied within the Immigration Rules, the Home Office guidance notes state that this will only be exercised in compelling circumstances and after other considerations have been looked at, including whether the person's human rights have been breached or if there is a relevant published concession.

More recently the trend has been focused towards greater detail in meeting the requirements of the Rules. This effect has led to reduced room for interpretation and for discretion to be exercised by Home Office caseworkers when assessing applications under the Immigration Rules. Where a person cannot meet the requirements of any category of the Immigration Rules, the Home Office retains a discretion to grant leave outside of the Rules.

By their nature, human rights applications and applications outside the Rules will not be straightforward or guaranteed to succeed, these are referred to as complex matters which require extensive preparation of casework.

Matthew Williams – The lawyer within the practice area of Human Rights law, has extensive experience of arguing Article 3 ECHR and Article 8 ECHR cases successfully.

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