Is there a time limit for Human Rights Act claims?

There is no time limit for bringing a case under the Human Rights Act in the immigration context. Section 6 of the Act provides that decisions taken by the Home Office must not interfere with individuals’ rights under the European Convention on Human Rights. In many instances it is advisable to set out why you think a negative decision, for example, to remain in the UK with family members, would breach your human rights, most commonly your right to private and family life under Article 8 ECHR. That way, in the event of refusal of an immigration application, you give yourself the best chance of being awarded a right of appeal to an independent Tribunal.

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