• ECB2.1 Human Rights
• ECB2.2 Race Discrimination

See other guidance information ECB01 - Immigration legislation and powers ECB03 - What is entry clearance? ECB04 - Who needs an entry clearance? ECB05 - Where to apply - the policy ECB06 - Entry clearance fees ECB07 - Returnability ECB08 - What are acceptable travel documents for entry clearance? ECB09 - Types and validity of entry clearance ECB10 - Making a decision on an application ECB11 - Significance of information from a sponsor ECB12 - Undertakings ECB13 - Visa endorsements and conditions ECB14 - ID cards and leave to remain ECB15 - Arriving in/Departing from the UK ECB16 - Police registration ECB17 - Transferring or replacing visas in new passports and unused visas ECB18 ECO revocation of an entry clearance ECB19 - Correcting an incorrect endorsement ECB20 - Unresolved applications ECB21 Risk and Liaison Overseas Network  

ECB2.1 Human Rights

The Human Rights Act came into effect on 2 October 2000. It made it a legal duty for public authorities to act compatibly with the European Convention on Human Rights. 

• An ECO must take Human Rights’ considerations into account when reaching a decision.
• UK Ministers believe that the Immigration Rules are compatible with the Human Rights Act. Any proper decision to refuse entry clearance should not be in breach of an individual’s rights.

Details of how to proceed if allegations are made of a breach of human rights are contained in Appeals (APL4.2).

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ECB2.2 Race Discrimination

It is unlawful for a public authority to discriminate against a person or to victimise a person on the grounds of race, colour, nationality or ethnic or national origin in carrying out any of its functions.

The Nationality, Immigration and Asylum Act 2002 (c84) (1)(b) provides that race relations complaints relating to any entry clearance refusals may be brought before the AIT in the same way as appeals lodged on human rights grounds. However, the complaint must be related to the immigration decision in order to trigger a right of appeal to the AIT. Further guidance can be found in APL4.3 Appeals on race discrimination grounds.

If a person complains solely about discriminatory treatment (not related to the immigration decision), they may make a complaint using the normal complaints procedures.

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