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Humanitarian Protection provides protection to people who do not qualify for protection as a refugee. The purpose is to provide protection to those who need protection for a limited period but to people who do not qualify for protection under the refugee convention.
At first paragraph 327 of the Immigration Rules relates to claims for international protection and in the first instance is treated as an asylum claim. However, the claim also needs to consider if the person.
Humanitarian protections can be granted where there are substantial grounds for believing that there is a real risk of serious harm if the individual is returned to their country of origin and
qualifies for humanitarian protection.
The Grounds must normally be where there is a real risk of serious harm on account of one or more of the following grounds:
- Article 15(a): Death penalty or execution
- Unlawful killing
- Article 15(b): torture or inhuman or degrading treatment This reflects Article 3 of the ECHR
which provides that no one shall be subjected to
- Article 15(c): Indiscriminate violence
- Prison conditions
- General violence and other severe humanitarian conditions
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