Reversing a decision to consider a human rights claim as unfounded

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
19 March 2019

On occasions when the Home Office decide not to grant a right of appeal for a human rights claim, ­they certify the claim as “manifestly unfounded”. We have assisted many applicants with applications for this certification to be lifted. A Pakistani national who was interviewed, together with his wife, by Dr Rachel Thomas, a psychologist, had his human rights application refused and the Home Office decision did not make any reference to Dr Thomas’ report and the claim was certified under section 94 of the Nationality Immigration & Asylum Act 2002. The applicant was also notified that he could be removed from the UK without any further notice after the end of a seven-day period. We submitted a pre-action protocol letter to the Respondent, and thereafter challenged the certification. The applicant’s certification was lifted and the Home Office reconsidered the case and granted him leave to remain on the basis of his family and private life with his British partner.

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