Humanitarian protection (HP)

Leave to remain granted to asylum seekers who do not meet all the criteria to enable them to receive refugee status but whom the Home Office cannot return because there is a serious risk that their rights under Article 3 ECHR would be breached, they would be unlawfully killed or they would face the death penalty. Serious criminals, terrorists and others posing a threat to national security can be excluded from humanitarian protection even where they can not be removed. Humanitarian protection is given for five years (since 30th August 2005-prior to that date it would usually be given for three years) in the first instance. If it is deemed that protection is still needed after this time, the person will be granted indefinite leave to remain.