What is Humanitarian Protection
Humanitarian Protection is designed to provide international protection where it is needed, to individuals who do not qualify for protection under the Refugee Convention. It covers situations where someone may be at risk of serious harm if they return to their country of origin but they are not recognised as refugees because the risk is not of persecution for a reason covered by the Refugee Convention.
Grounds for humanitarian protection
Where someone does not qualify for refugee status following consideration of their asylum claim, caseworkers must go on to consider whether they qualify for humanitarian protection (HP) under paragraph 339C of the Immigration Rules.
What is an Asylum Claim
Asylum is protection given by a country to someone who is fleeing persecution in their own country. It is given under the 1951 United Nations Convention Relating to the Status of Refugees. To be recognised as a refugee, you must have left your country and be unable to go back because you have a well-founded fear of persecution. The UK also adheres to the European Convention on Human Rights, which prevents us sending someone to a country where there is a real risk that they will be exposed to torture, or inhuman or degrading treatment or punishment.
Who can claim Asylum
To be recognised as a refugee, you must have left your country and be unable to go back because you have a well-founded fear of persecution because of your:
- political opinion; or
- membership of a particular social group.