Asylum & Human Rights

Asylum and Human Rights Law Explained

Asylum and human rights law protects people who cannot safely return to their home country and those whose fundamental rights are at stake in the United Kingdom. At MCR Solicitors in Manchester, our immigration team advises and represents individuals and families through some of the most sensitive and high-stakes applications in UK law. Whether you are claiming asylum for the first time, appealing a refusal, or relying on your human rights to remain in the UK, we aim to present your case clearly, accurately and to the standard the Home Office and the courts expect.

The legal framework in England and Wales draws on the 1951 Refugee Convention, the European Convention on Human Rights (as given effect by the Human Rights Act 1998), the Immigration Rules and current Home Office policy. This area of law changes frequently, so we work from the rules and guidance in force at the time of your application rather than assumptions from previous years.

What This Service Covers

Our asylum and human rights work spans the full range of protection and rights-based claims, including:

• Asylum claims for those with a well-founded fear of persecution based on race, religion, nationality, political opinion or membership of a particular social group.
• Humanitarian protection where a person faces a real risk of serious harm but does not fall within the Refugee Convention.
• Human rights claims, including private and family life under Article 8 and protection from torture or inhuman or degrading treatment under Article 3 of the European Convention on Human Rights.
• Fresh claims and further submissions where new evidence or a change in circumstances arises after a previous refusal.
• Appeals to the First-tier Tribunal (Immigration and Asylum Chamber) and onward appeals to the Upper Tribunal where there is an arguable error of law.
• Family reunion applications for recognised refugees seeking to bring close family members to the UK.
• Claims involving vulnerable clients, including survivors of trafficking, torture, domestic abuse and those with serious medical needs.

If you are unsure which route applies to your situation, we will assess your circumstances and explain the realistic options before you commit to a course of action.

How MCR Solicitors Can Help

Protection and human rights cases turn on detail, credibility and evidence. Our role is to help you tell your account fully and consistently, and to support it with the right documents and, where appropriate, expert and country evidence. Depending on your case, our support can include:

• Assessing the strength of your claim and advising on prospects and risks honestly.
• Preparing detailed witness statements and helping you prepare for your Home Office asylum interview.
• Gathering supporting evidence, including medico-legal reports, country of origin information and expert reports where they are needed and available.
• Making written submissions to the Home Office and responding to refusals.
• Preparing and presenting appeals before the Immigration and Asylum tribunals, and instructing experienced immigration barristers where advocacy at that level is required.
• Signposting to appropriate support services for clients who are vulnerable or in distress.

We are careful never to guarantee an outcome. No solicitor can promise that an asylum or human rights claim will succeed, because the decision rests with the Home Office and the courts on the facts and law of each case. What we do commit to is diligent, honest and professional representation.

The Process: What to Expect

1. Initial consultation. We listen to your situation, check key dates and documents, and explain the likely route and steps involved.
2. Case assessment and strategy. We review your immigration history and evidence, identify what is missing, and agree a plan with you.
3. Building your evidence. We help prepare your statement and gather supporting material relevant to your grounds of claim.
4. Submission or interview. We lodge your application or submissions, and prepare you for any Home Office interview.
5. Decision and next steps. If the outcome is positive, we advise on what it means for your status. If a claim is refused, we advise promptly on appeal rights and strict deadlines, which are often short.
6. Appeal or further submissions. Where appropriate, we prepare and present your appeal or fresh submissions.

Processing times for asylum and human rights applications vary considerably and change over time. We do not quote fixed timescales; for current expectations you should check the latest guidance on gov.uk, and we will keep you informed of progress on your individual case.

Fees and Funding

We will always explain our fees clearly and in writing before you instruct us, so there are no surprises. Some individuals may qualify for legal aid for certain asylum and protection matters, subject to means and merits assessment; eligibility rules change, and we can discuss whether this may apply to you or refer you appropriately. Please note that "no win no fee" conditional fee agreements are used in areas such as personal injury and medical negligence and do not apply to immigration, asylum and human rights work.

Why Choose MCR Solicitors

MCR Solicitors is a Manchester-based law firm advising clients across the UK. Our immigration team handles asylum and human rights matters alongside a broader immigration practice, giving us practical experience of how the Home Office and tribunals approach these cases. We are regulated by the Solicitors Regulation Authority, and our advice is grounded in the current law and rules rather than outdated information.

Clients choose us because we combine technical care with a considerate, plain-English approach. We understand that people bringing protection and human rights claims are often anxious and may have been through difficult experiences, and we aim to make the process as clear and manageable as possible.

Frequently Asked Questions

What is the difference between asylum and a human rights claim?

An asylum claim is based on a well-founded fear of persecution under the Refugee Convention. A human rights claim relies on rights protected by the Human Rights Act 1998, most commonly the right to respect for private and family life or protection from serious harm. Some cases raise both, and we will advise on which grounds fit your circumstances.

Can I work while my asylum claim is being decided?

Permission to work while an asylum claim is pending is restricted and subject to Home Office rules that can change. In some circumstances people may apply for permission to work after their claim has been outstanding for a set period. Because the position varies, we recommend checking the current rules on gov.uk and speaking to us about your specific situation.

My claim was refused. Can I appeal?

Many asylum and human rights refusals carry a right of appeal to the First-tier Tribunal, but the deadlines are short and strict. If you have received a refusal, contact us as soon as possible so we can advise on your options and, where there is a right of appeal, act within time.

Will you guarantee that my case will succeed?

No. No solicitor can lawfully or honestly guarantee the outcome of an asylum or human rights claim, as decisions rest with the Home Office and the courts. We will give you a candid assessment of your prospects and represent your case to a high professional standard.

Is my information kept confidential?

Yes. Everything you tell us is treated in strict confidence and handled in line with our professional obligations and data protection law. You can speak to us openly so that we can advise you properly.