Overview of the Humanitarian Protection
Humanitarian Protection is a form of international protection available in the UK to certain people who do not qualify as refugees but would face a real risk of serious harm if returned to their country of origin.
Under the Immigration Rules, humanitarian protection may apply where there are substantial grounds for believing that an individual would face a real risk of serious harm and is unable, or because of that risk unwilling, to obtain protection from their country.
At SWM Solicitors, we provide humanitarian protection advice to individuals whose circumstances may require protection in the UK. Our immigration solicitors can assess your circumstances and explain how humanitarian protection may apply.
What Is Humanitarian Protection?
Humanitarian protection is different from refugee status.
An asylum applicant’s case is considered for refugee status first. Where a person does not meet the definition of a refugee, the Home Office may consider whether the person qualifies for humanitarian protection if the relevant requirements are met.
The assessment focuses on whether returning the person to their country would expose them to a real risk of serious harm.
Serious Harm
The Immigration Rules define serious harm for humanitarian protection purposes.
This includes circumstances involving:
- The death penalty or execution
- Unlawful killing
- Torture or inhuman or degrading treatment or punishment
- Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict
The precise circumstances must be considered carefully under the current Immigration Rules.
Assessing the Risk
The Home Office will consider the evidence available and the circumstances in the applicant’s country of origin.
This can include:
- The applicant’s personal circumstances
- The nature of the risk
- The location where the person would return
- Country conditions
- Evidence of previous harm
- Relevant medical or other evidence
- Whether protection from the authorities would be available
A general risk within a country does not automatically establish entitlement to humanitarian protection. The individual circumstances and applicable legal test must be considered.
Humanitarian Protection and Asylum
Humanitarian protection is closely connected with the asylum process.
Under the Immigration Rules, a claim for international protection is considered first as an asylum claim. If the person does not qualify as a refugee, the Home Office may then consider whether they meet the requirements for humanitarian protection.
This means that applicants do not necessarily need to make two completely separate protection applications.
Evidence Supporting a Claim
The evidence required will depend on the circumstances.
This may include:
- Identity documents
- Medical evidence
- Police or court records
- Evidence of previous harm
- Witness statements
- Photographs
- Messages or correspondence
- Evidence concerning family circumstances
- Country information
Applicants may not always have documentary evidence, particularly where they have fled dangerous circumstances.
Humanitarian Protection and Family Members
Protection cases can also involve family members.
The position of dependants and family members depends on their circumstances and the immigration route available to them. The rules governing family members of people with protection status have changed, so the appropriate route should be assessed before an application is made.
If Humanitarian Protection Is Refused
A protection claim can be refused where the Home Office is not satisfied that the relevant requirements have been met.
Depending on the decision, an applicant may have a right of appeal. The decision should be reviewed carefully to determine the reasons for refusal and whether the evidence or legal issues can be challenged.
Where an earlier protection claim has been refused and appeal rights have been exhausted, new evidence may potentially be considered through the further submissions process if the relevant requirements are met.
How We Can Help
SWM Solicitors can advise on humanitarian protection matters, including:
- Assessing your circumstances
- Considering the risk on return
- Reviewing supporting evidence
- Advising on country conditions
- Preparing protection representations
- Considering asylum and humanitarian protection together
- Advising following refusal
- Considering appeal rights
- Advising on further submissions where appropriate
Humanitarian protection cases require careful consideration of both the individual’s circumstances and the legal test for serious harm.