The Human Rights Act 1998 came into force on 2 October 2000. Essentially it made the European Convention of Human Rights and Fundamental freedoms enforceable in British law. The main Articles used by Immigration Lawyers are Article 8, the right to respect for private and family ties life and Article 3, the prohibition of torture or inhuman or degrading treatment or punishment.
Overstayers, illegal immigrants and failed asylum seekers in the UK can apply for leave to remain in the UK based on their human rights. The main Human Right Article considered for this type of application is Article 8 of the Human Rights
A migrant in the UK without leave to remain can apply to the UK Border Agency to regularise their status by putting forward factors and reasons why they believe discretion should be exercised in their favour and be granted leave to remain in the UK.