Humanitarian Protection: An Alternative to Refugee Protection

Although strictly speaking, the definition of ’protection claim’ refers to a claim that removal of the claimant from the United Kingdom would breach the United Kingdom’s obligation under the Refugee Convention  or  in relation to persons eligible for a grant of humanitarian protection,  there are also other forms of  protection a claimant may seek to place reliance  upon such  as:

  • Article 3 protection( e.g based upon medical grounds, general country conditions or prison conditions );
  • Protection provided to those who are stateless;
  • Protection provided to those who been subject to trafficking

The consideration of claims for humanitarian  protection  is  however quite different from other forms of protection having regard to  the  interpretation  of the relevant originating provisions including the  criteria that an applicant must fall into.

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The Deportation and Exclusion Regime for EEA And Non- EEA Foreign National Criminals: Of Deportation Orders, Exclusion Decisions and Exclusion Orders

The  UK Government  has  over the years (more so since July 2012)  sought to introduce measures   intent upon ensuring  that  foreign national criminals  are  deported or excluded from the UK.  Where deportation appeals are won, the Home Office’s   now predictable  reaction  is an onward appeal,  challenging  allowed Tribunal decisions  and sometimes with success.  Those subject to deportation  therefore cannot afford to  proceed upon  an assumption  that once a deportation appeal  is won, the Secretary  of State will not seek to appeal such  a decision.

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