Overview
Human rights arguments in immigration cases most commonly arise under Article 8 of the European Convention on Human Rights — the right to respect for private and family life. They are used where the application of standard immigration rules would result in an outcome that is disproportionate to the legitimate aim of immigration control.
In plain terms: the law recognises that removing someone from the UK, or preventing them from being here, may be unlawful if it causes serious harm to their family life or uproots a private life built over many years — particularly when children, long residence, or exceptional circumstances are involved.
Marsl Sharifi advises individuals and families on human rights applications and appeals across a range of circumstances: following refusals, in the face of removal or deportation, in the context of complex family situations, and where no other immigration route is available. He works personally on each case and takes care to identify every arguable human rights dimension, not just the most obvious ones.
Who this service is for
- You have been refused leave to remain and argue that refusal would breach your Article 8 rights (family or private life).
- You are facing removal or deportation and argue this would be disproportionate — for example, because you have a British or settled partner, child, or other close family member in the UK.
- You have lived in the UK for many years and have built a private life here, even if your immigration status has not always been regular.
- Your child is a British citizen or has been in the UK for seven years or more, and their best interests weigh against removal.
- You have a serious, long-standing medical condition and you argue that removal to your home country would result in a serious breach of Article 3 (torture/inhuman treatment) — though the threshold for Article 3 medical cases is extremely high.
- Your situation falls outside the Immigration Rules but would nevertheless involve a disproportionate interference with your right to family or private life.
What you'll need
- Evidence of family ties in the UK: marriage or civil partnership certificate; birth certificates of children; evidence of the immigration status of UK family members (British passports, biometric residence permits).
- Evidence of the relationship: cohabitation evidence, photographs, bank statements, joint commitments.
- Evidence of the impact on children: school reports, letters from schools, medical evidence, GP records, a social worker's report where relevant.
- Evidence of private life and long residence: GP registration, tax records, employment history, community involvement, long-term friendships, evidence of the depth of integration.
- Evidence of the situation in the country of return: country of origin information, evidence of medical care availability (where health is relevant), personal evidence about ties and lack thereof to the country of return.
- Legal submissions setting out the legal framework, the relevant case law, and the argument for why the balance falls in your favour.
Fees
Marsl's professional fees for a human rights application are £3,000 + VAT. Fees depend on the complexity of the case and the stage at which Marsl is instructed. Legal aid may be available in some cases (for example, where removal is imminent or where there are asylum grounds alongside human rights grounds). Marsl will advise on eligibility. In accordance with the SRA Transparency Rules, full fee information is provided in your client care letter.
The process, step by step
- Step 1
Case assessment
Marsl reviews your immigration history, your family situation, and the specific circumstances that give rise to your human rights claim. He advises on the prospects, the relevant legal tests, and the best procedural route.
- Step 2
Evidence preparation
Working with you, Marsl gathers and organises the evidence, advises on expert reports where appropriate (such as a social worker's report on a child's best interests), and drafts your personal statement.
- Step 3
Application or representations
Depending on your circumstances, this may be a standalone human rights application to the Home Office, representations as part of another application, or an appeal before the First-tier Tribunal (Immigration and Asylum Chamber).
- Step 4
Home Office decision or tribunal hearing
If at the Home Office stage: a decision is typically issued within the standard processing times for the relevant application type. If at appeal: Marsl will represent you (or instruct a barrister, where appropriate) at the tribunal hearing.
- Step 5
Further appeal (if needed)
If a First-tier Tribunal appeal fails, there may be grounds to appeal further to the Upper Tribunal on a point of law. Marsl will advise on whether grounds exist.