What We Do

On this page, you can read about the types of applications we do, the types of people we represent, and the Human Rights that are most regularly involved in our cases.

 

Who do we represent?

Among the people who should Contact Us for expert advice are:

  • Family members of UK citizens
  • European nationals
  • Non-EEA temporary workers (Tier 5)
  • Non-EEA students (Tier 4)
  • Non-EEA skilled workers (Tier 2)
  • Non-EEA investors (Tier 1)
  • Stateless people
  • Homosexual/gay asylum seekers
  • Refugees seeking settlement
  • Victims of domestic violence with a UK citizen partner

Danielle manages many human rights claims, including Article 8 (the right to private and family life) and Article 3 (the prohibition of torture and inhuman or degrading treatment).

Recent cases have seen Danielle Cohen representing couples who wish to marry and are investigated by the Home Office. Read more about applications as a fiancé or proposed civil partner here.

With an interest in the gay community, Danielle is also an expert and highly passionate about the rights of gay migrants. Read more about her work with LGBT migrants here.

 

The right to life

Article 2 protects the right to life. No derogation is permitted, although it does not apply to force:

  1. In defence of any person from unlawful violence;
  2. In order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
  3. In action lawfully taken for the purpose of quelling a riot or insurrection.

The death penalty does not breach Article 2, but Protocol 13 does prohibit the death penalty, and the UK has ratified Protocol 13.

The UK Government have a duty not to put you in a situation where there is a real risk to your life.

 

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Torture, inhuman and degrading treatment

Article 3 prohibits torture and inhuman and degrading treatment. Torture is where there is a severe level of suffering wilfully inflicted, perhaps for the purpose of obtaining information or a confession. Inhuman treatment may involve an intention to cause fear, anguish and inferiority in the victim. Degrading treatment typically involves being kept in very bad conditions, especially where there is humiliation, debasing, and the breaking of physical and psychological resistance, which drives the victim to act against will or conscience.

States have the right to control the entry and residence of migrants, but deportation or extradition may breach Article 3, and the legality of residence does not make a difference.

Clients who are in very poor health may also have an Article 3 claim, if their removal from the UK would subject them to a real risk of a serious, rapid, and irreversible decline in health, causing considerable suffering.

 

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A recent case has seen Danielle protect the Article 3 right of a South Korean national who was informed by the Home Office that there were no insurmountable obstacles to living as a homosexual couple in Korea. The Home Office had failed to take into account expert testimony about the treatment of gay migrants in Korea and that South Korean law barred the British partner from moving to South Korea, as South Korean law does not recognise same-sex relationships.

Read more about this case here.

 

The right to a fair trial

Article 6 protects the right to a fair trial and prohibits arbitrary punishment. It includes many rights, such as the right to an independent judge and the right to remain silent, although a court will look at the overall trial in the round to determine whether it is fair, rather than applying a checklist approach.

If you fear that you might be given an unfair trial, get in touch with Danielle now.

 

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Equally, you must be given a fair trial in the UK. If you feel you were given an unfair hearing, get in touch now to get information about Judicial Review.

 

Private and family life

Article 8 protects the right to private and family life. The right must be balanced against the public interest. It creates positive duties on public officials, and Appendix FM itself purports to reflect the Secretary of State’s duties under Article 8.

Danielle has significant experience in Article 8 cases. The Article involves considering the integration of migrants in the UK and elsewhere. Family life involves relationships with spouses and children, even if there is no marriage. Grandparents, aunts, and uncles aren’t usually protected under family life. However, private life will exist with any relationships, employment or activities in the UK.

The UK Government can interfere with your private life, but it must be proportionate to the public interest (controlling immigration). The Government believe that reducing immigration is a very important public policy, however Danielle can help you make sure that the right balance is struck between public policy and your Human Rights.

 

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