Plans to tighten rules on ‘when and how’ human rights migration cases made
Legislation will be brought forward to clarify the use of Article 8 of the European Convention on Human Rights.
Changes will be made to the interpretation of human rights laws in an attempt to reduce the number of people claiming “exceptional circumstances” over the right to family life in order to remain in the UK.
Under plans unveiled in the Government’s immigration White Paper on Monday, Parliament will set out a tighter framework for judges to follow when deciding on such cases.
The move seeks to address the “substantially increased” number of cases that have been decided on exceptional circumstances under Article 8 of the European Convention on Human Rights (ECHR), the right to private and family life.
The paper sets out plans for legislation to clarify Article 8 rules for “when and how” a person can genuinely make a claim on the basis of exceptional circumstances.
It added: “We will bring forward legislation to strengthen the public interest test to make it clear that Parliament needs to be able to control our country’s borders and take back control over who comes to, and stays in the UK, striking the right balance between individual family rights and the wider public interest.”
The framework would aim to restrict successful claims including from those who “try to get round the rules” such as by claiming their intention is to be a short-term visitor but then seeking to stay on the basis of family ties.
The move will also target migrants who “frustrate and delay” their removal from the country with fake claims, and include foreign national offenders who have committed crimes on a short-term visa.
Earlier on Monday, Sir Keir Starmer told reporters the Government wants to ensure the “right balance” is made in migration cases in relation to the national interest, looking at Article 8.
The Government has been reviewing the use of Article 8 focusing on cases where ministers have disagreed with conclusions reached in the courts, after several deportation attempts have been halted by the way the ECHR clause has been interpreted in UK law.
Sir Keir said: “There’s a balance set out in legislation already that needs to be adjusted, in my view, and that’s what we will do.”
But the Prime Minister also said he did not think it was necessary to leave the ECHR to continue a crackdown on immigration, as he said being signed up to international agreements had given the basis for deals with other countries on migration.
Shadow home secretary Chris Philp said on X however that plans to “tinker” with Article 8 is “not enough and won’t work” as he pressed for the Human Rights Act to be repealed as a way to remove migrants with no right to be in the UK.
Meanwhile reacting to the white paper, Amnesty International’s chief executive Sacha Deshmukh said: “Any attempt to limit the right to private and family life – a core protection under the European Convention on Human Rights – would be especially concerning.
“The UK’s immigration system must be grounded in fairness, legality and respect for the rights of all people not shaped by political expediency or performative control.”
