Council Directive 2004/83/EC (the Qualification Directive) sets out the provisions and criteria for granting subsidiary protection (referred to as Humanitarian Protection in the UK). It has been transposed into UK law through The Refugee or Person in Need of International Protection (Qualification) Regulations 2006 and the Immigration Rules. The relevant articles are:

  • Article 2(e) provides that those who do not qualify as a refugee but face a real risk of serious harm on return to their country of origin from which the national authorities cannot afford sufficient protection, may be eligible for subsidiary protection
  • Article 15 sets out the definition of serious harm, which includes reference to a serious and individual threat to a civilian’s life due to indiscriminate violence in international or internal armed conflict under Article 15(c)
  • Article 16 sets out when it would be appropriate to cease eligibility for leave, where circumstances which gave rise to the need for protection have ceased to exist or have changed such that protection is no longer needed
  • Article 17 sets out the circumstances in which someone is excluded from subsidiary protection, which mirrors provisions in Article 12 relating to exclusion from refugee status under the Directive
  • Article 19 sets out when it would be appropriate to revoke, end or refuse to renew a grant of subsidiary protection and mirrors provisions in Article 14 that relates to revocation of refugee status under the Directive

Humanitarian Protection (HP) application is considered as part of the application for asylum claim. HP is designed to provide international protection where it is needed, to individuals who do not qualify for protection under the Refugee Convention. It covers situations where someone may be at risk of serious harm if they return to their country of origin but they are not recognised as refugees because the risk is not of persecution for a reason covered by the Refugee Convention.

Humanitarian Protection (HP) is granted where the person has protection needs but where they do not meet the criteria for refugee status. It is granted where the person would, if removed, face in the country of return a serious risk to life or person arising from:

  • the death penalty;
  • unlawful killing; or
  • torture or inhuman or degrading treatment or punishment.

Under paragraph 327 of the Immigration Rules any claim for international protection is treated first as an asylum claim. As such the broad principles that apply to considering asylum claims apply equally to considering whether or not a person qualifies for humanitarian protection (HP).

Humanitarian Protection (HP) leave is granted for 5 years and an application for Indefinite Leave to Remain (ILR) can be made after the applicant has completed 5 years residence with Humanitarian Protection (HP) leave.

Safe return review at settlement

All those who apply for settlement protection after completing the appropriate probationary period of limited leave will be subject to a safe return review with reference to the country situation at the date the application is considered. Those who still need protection at that point will normally qualify for settlement.

Why Choose Sunrise Solicitors For Asylum/Humanitarian Protection (HP) Application?

The immigration solicitors at Sunrise Solicitors are experts in dealing with asylum claims/humanitarian protection (HP) in the UK. The quality of our service is self-evident from clients' reviews about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your asylum application/Humanitarian Protection (HP) and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If instructed to represent you regarding your asylum and Humanitarian application, the casework to be carried our by our immigration solicitors will include the following:

  • Taking detailed instructions from you in relation to your immigration matter and advise you about the relevant immigration laws and procedures to be adopted by the Home Office, UKVI in your asylum and Humanitarian Protection (HP) application;
  • Discussing your asylum and Humanitarian Protection (HP) application in detail with you and advising you about the weaknesses and strengths of your application;
  • Advising you about the documentary evidence to be submitted in support of your asylum and Humanitarian Protection (HP) application;
  • Considering contents of the documentary evidence to be submitted in support of your asylum and Humanitarian Protection (HP) application and discussing the same with you;
  • Booking your appointment with the Home Office, UKVI for registration of your asylum claim in the UK;
  • Accompanying you to the Home Office, Croydon Asylum Screening Unit for the registration of your asylum claim in the UK and assisting you in the registration of asylum claim. Representing you in your Screening Interview of your asylum claim in the UK;
  • Preparing a detailed witness statement explaining in detail the basis of your asylum & Humanitarian Protection (HP) and submitting the same to the Home Office, UKVI to be considered in support of your asylum and Humanitarian Protection (HP) application in the UK;
  • Advising you about the substantive asylum interview and discussing with you possible questions to be raised by the Home Office, UKVI during the interview;
  • Representing you in your substantive asylum interview as your legal representative and making any post interview representations to the Home Office in support of your asylum and Humanitarian Protection (HP) application in the UK;
  • Protecting your interests while your asylum and Humanitarian Protection (HP) application is pending with the Home Office, UKVI and keeping you informed on the progress of your asylum and Humanitarian Protection (HP) application in the UK;
  • Doing all the follow up work until decision is reached on your asylum and Humanitarian Protection (HP) application in the UK by the Home Office, UKVI.

Our Fee For Asylum & Humanitarian Protection (HP) Application

  • We will charge you a fee from £1,500 (no VAT) for our professional immigration services in relation to your asylum and Humanitarian Protection (HP) application in the UK. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalments.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. translation of documents, fees of country expert for expert report etc.

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