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What is the difference between refugee status and humanitarian protection?

Both are forms of international protection granted to a person in need, giving the person the right to work, study and have access to benefits. Usually the Home Office will grant humanitarian protection if they decide that the person is not entitled to refugee status. In such a case they can also grant leave to remain under discretionary leave to remain basis. To be granted refugee status one has to meet the refugee definition as defined in Article 1 of the 1951 Refugee Convention. An asylum seeker who does not meet the criteria for grant of refugee status will be considered for Humanitarian protection.

What are the immigration rules that cover humanitarian protection?

Paragraph 339 (c) specifies that an applicant must establish that they will face a real risk of serious harm if returned to their country of origin. Fortunately it is not necessary for a person to be at risk of serious harm for a specific reason such as race, religion or political opinion as in the case of a refugee. Those at risk of indiscriminate violence can receive protection or face serious harm for no particular reason other than their presence in the country of origin. We have many clients fleeing war zones such as Sudan* now where the recommendation for them would be to argue that they should receive humanitarian protection.

What are the conditions of humanitarian protection?

Those who applied for asylum after 28 June 2022 and granted humanitarian protection will only be granted temporary humanitarian protection which means that they will have the same restrictions as temporary permission. They will be granted 2 and a half years and settlement will be possible after a decade and family reunion is allowed only if there are insurmountable obstacles for family life to continue.

Danielle invites you to take a look at her blog, where you will see the diverse range of clients that she has helped.

If you have any questions about the process or would like to apply for humanitarian protection, please contact Danielle or call on 020 7267 4133. Danielle will only charge you for the first consultation if you decide to become her client and if she can assist you.

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