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Who Exactly Is Protected By Human Rights Convention?


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#1 bulandi

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Posted 15 December 2012 - 05:18 PM

My question is relating to limited right of appeal on grounds referred to S84(1)© Nationality, Immigration and Asylum Act 2002. If a non EU national/citizen who has never set foot on EU soil before, is the article rights extended to him/her or does this limited right only apply to those who are already in the UK or EU? For example if a appellant who is currently residing outside of the UK, and he/she believes that there has been discrimination due to being a certain national or social origin and the refusal notice indicates some level of discrimination, can the appellant appeal on the basis of Article 14 rights or is this right only given to those who are already in the EU?



#2 Victoria

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Posted 15 December 2012 - 06:31 PM

I think you need to be more specific about your case. But in theory a leave to enter application can be argued on Human Rights, though it is very unusual to win.

#3 bulandi

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Posted 15 December 2012 - 07:18 PM

Well basically I think the ECO made a deliberate attempt to refuse clearance. They made a few things up such as anyone can fraudulently obtain a letter of employment in your country and that they didn't believe that the applicant had a family even though evidence was provided to them. They also said that the applicant cannot afford the trip even though there was a declaration from the sponsor that he will finance all cost including travel fares and expenditure.

Now my concern is that they can make anything up and refuse an application and it doesn't matter if they do because without a full right of appeal they can say anything knowing that it will not come back to them as you cannot appeal on the decision. However the fact that the ECO has said that 'anyone can obtain a letter of employment fraudulently in your country' and then giving irrelevant links to UNHCR website to some 2005 Canadian publication which sort of discusses the prevalence of fraudulent documents in that country and the difficulties involved in verifying the authenticity of documents to support his statement. Firstly this publication is not authority and secondly the fact that the ECO said in your country, it looks like had the applicant have been from another country such as Australia or perhaps US or Canada, then this statement would not have been made. Is this not direct discrimination for being a citizen/member of that particular country? And if it can be argued on these grounds, does this convention rights extend to non EU citizens?

In all honesty, I believe that they make up things and refuse applications just because they can and they know there is nothing you can do about it. They charge hefty fees and to them it is just a business...re-apply and we'll refuse on different grounds.

#4 bulandi

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Posted 15 December 2012 - 08:08 PM

Just to add, if the applicant was to appeal that the decision is unlawful under Section 6 of the Human Rights Act 1998 due to being incompatible with the person’s convention rights(S84)(1)©, now I know a person seeking asylum may do so as they are currently in the UK and are automatically protected under the convention articles. But what is this person is not in the UK or EU, are they protected as would the court then not be able to say 'ah yes, but as you are not an EU national and also not in the EU at present, the convention rights are not afforded to you and this only applies to those who are already in UK or EU'. I know that even an illegal immigrant in UK is protected under the ECHR but I just want to know what if the applicant is not in the EU and is overseas? This is basically what I wan to know so that I can determine whether to go ahead with an appeal or not. Thanks in advance.

Edited by bulandi, 15 December 2012 - 08:09 PM.


#5 Victoria

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Posted 16 December 2012 - 11:28 AM

I have said, yes.

In your case I would recommend getting legal assistance with an appeal or a further application. Sadly it's not unusual to see refusals like this but this can be overcome.

#6 bulandi

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Posted 16 December 2012 - 02:26 PM

Thank you Victoria.

#7 Victoria

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Posted 16 December 2012 - 03:07 PM

I'd be happy to assist.




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