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Humanitarian Protection

"Humanitarian protection is a form of immigration status. It is granted by the Home Office to a person who it decides has a need for protection but who does not meet the criteria for refugee status. Leave granted to a person who would, if removed, face in the country of return, serious risk to life arising from the death penalty, unlawful killing or torture or inhuman or degrading treatment or punishment. If a person has been refused asylum, they may still be considered for this status. Humanitarian protection is normally granted for a period of 3 years, after which you can usually apply for indefinite leave to remain. If a person's application for asylum is refused consideration must be given immediately as to whether he qualifies for humanitarian protection under paragraph 339C of the Immigration Rules. If he or she is to qualify he must show that there are substantial grounds for believing that if he or she is returned to his country of origin he will face a real risk of suffering serious harm and is unable, or owing to such risk, unwilling, to avail himself of the protection of that country. Serious harm consists of: 1. the death penalty or execution; 2. unlawful killing; 3. torture or inhuman or degrading treatment or punishment; or 4. serious and individual threat to a civilian's life or person by reasons of indiscriminate violence in situations of international or internal armed conflict. In practice (iv) is the commonest form of serious harm which gives rise to grants of humanitarian protection. For example, many Tamil civilians fled the civil war in Sri Lanka and were unable to show that they had any basis for fearing persecution if returned to Sri Lanka, but might be entitled to humanitarian protection because the fighting placed them at risk of death or serious injury. Paragraph 339C of the Immigration Rules gives effect to an EU Directive 2004/83/EC, promulgated on 29 April 2004. Previously the practice of the Home Office in cases which would now be considered appropriate for humanitarian protection was to grant Exceptional Leave to Remain outside the Immigration Rules."

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Humanitarian Protection

"Humanitarian protection is a form of immigration status. It is granted by the Home Office to a person who it decides has a need for protection but who does not meet the criteria for refugee status. Leave granted to a person who would, if removed, face in the country of return, serious risk to life arising from the death penalty, unlawful killing or torture or inhuman or degrading treatment or punishment. If a person has been refused asylum, they may still be considered for this status. Humanitarian protection is normally granted for a period of 3 years, after which you can usually apply for indefinite leave to remain. If a person's application for asylum is refused consideration must be given immediately as to whether he qualifies for humanitarian protection under paragraph 339C of the Immigration Rules. If he or she is to qualify he must show that there are substantial grounds for believing that if he or she is returned to his country of origin he will face a real risk of suffering serious harm and is unable, or owing to such risk, unwilling, to avail himself of the protection of that country. Serious harm consists of: 1. the death penalty or execution; 2. unlawful killing; 3. torture or inhuman or degrading treatment or punishment; or 4. serious and individual threat to a civilian's life or person by reasons of indiscriminate violence in situations of international or internal armed conflict. In practice (iv) is the commonest form of serious harm which gives rise to grants of humanitarian protection. For example, many Tamil civilians fled the civil war in Sri Lanka and were unable to show that they had any basis for fearing persecution if returned to Sri Lanka, but might be entitled to humanitarian protection because the fighting placed them at risk of death or serious injury. Paragraph 339C of the Immigration Rules gives effect to an EU Directive 2004/83/EC, promulgated on 29 April 2004. Previously the practice of the Home Office in cases which would now be considered appropriate for humanitarian protection was to grant Exceptional Leave to Remain outside the Immigration Rules."

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