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Successive UK Governments have dismantled British safeguards against wrongful immigration decisions – forcing claimants to rely solely on the European Convention on Human Rights (ECHR), Amnesty International argues.
It comes as the Labour Home Secretary reviews the human rights framework Britain helped establish.
The Government has confirmed a review of how the European Convention on Human Rights is applied to UK immigration law, following a number of high-profile cases of non-British criminals successfully ‘avoiding’ deportation.
Home Secretary Yvette Cooper’s review will look at how the courts are applying the law on a ‘right to a family life’ for people who enter the UK irregularly.
She seems set to restrict the powers of judges to grant asylum under the European Convention on Human Rights. Yvette Cooper told MPs the Government would draw up a “clear framework” for judges to ensure decisions fit “what I think the public would want to see”.
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Last week, justice secretary Shabana Mahmood also said Britain will pursue reform of the European convention itself, as “public confidence in the rule of law is fraying”, following growing right-wing hostility to the ECHR.
Her claims came in a speech to the Council of Europe, which oversees the convention.
The Government has ruled out leaving the ECHR, but Reform UK – which is leading in the polls – is committed to leaving, and the Conservatives are widely expected to announce their own commitment to doing so later this. Opposition leader Kemi Badenoch has launched a review into potentially quitting the ECHR, which would see the UK joining the likes of Russia and Belarus.
But in briefings published this week, Amnesty details how “political decisions and media distortions” have misled the public about the role of Article 8 – the section of the ECHR which protects everyone in Britain’s right to a private and family life.
Amnesty argues this has “stoked hostility, undermined justice, and paved the way for damaging legal reforms” in the face of right-wing hostility.
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The briefings explain how post-2006 changes – including the removal of key protections over deportation decisions and, in 2014, a restriction of deportation appeals to human rights grounds only – have made Article 8, the right to private and family life, the sole legal safeguard for many facing removal, even those with deep roots in the UK.
Under current law, most immigration appeals – except those for asylum cases – can only be made on human rights grounds. Automatic deportation applies to non-British people sentenced to 12+ months in prison, unless it breaches their human rights. And deportation powers can be used even against people born in the UK or with decades of lawful residence.
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These strict laws create a high-bar for people being wrongly deported to overcome by relying on the European Convention.
Catch-22
Steve Valdez-Symonds, Amnesty UK’s Refugee and Migrant Rights Programme Director, said: “This is a classic Catch-22: Governments dismantled their own safeguards, forcing people to rely on Article 8 and then blamed Article 8 for simply doing the job they required it to do.
“People threatened with exile from their homes, families and communities after years, decades, even lifetimes in the UK, are left with only Article 8 to defend them. Lawyers and judges have no choice but to centre legal cases on it.
“Article 8 has become a lightning rod for attacks on the European Convention, often based on myths that omit key facts or include absurd inventions about the significance of cats, chicken nuggets, or other nonsense.”
He added that politicians are “concealing their role in creating the crisis now threatening fundamental justice” after backing roll-backs of rights that leave the ECHR as the only game in town.
“We need leadership that tells the truth. Article 8 doesn’t block deportations; it blocks injustice. It says you can’t tear someone away from their child or partner without strong, proportionate reason. That’s not weakness, that’s decency. And it’s the law.
The Government could reduce the pressure on Article 8, by reinstating rules that “recognise the complex human realities behind immigration cases,” Valdez-Symonds added.
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‘Last Line of Defence’
Until 2006, deportation decisions took account of a person’s full circumstances including their age, long residence, family ties, and community links. But Amnesty argues that successive Governments “stripped away these safeguards, leaving human rights, especially Article 8, as often the only meaningful legal basis for appeal.”
“For many, it’s the final barrier to unjust separation from loved ones,” the briefing notes.
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