The UK Government is reassessing how international human rights law applies to migration cases, Home Secretary Yvette Cooper has said, as ministers seek to curb legal challenges that prevent deportations.
At the heart of the review is Article 8 of the European Convention on Human Rights (ECHR) – the right to family life – which has been used in multiple cases to stop the deportation of migrants, including an Albanian man who was allowed to remain in the UK in part due to his child’s dislike of foreign chicken nuggets.
Speaking ahead of an international summit in London to tackle people-smuggling gangs, Ms Cooper confirmed that the Government is evaluating the way Article 8 is applied within immigration law. The summit, held on Monday and Tuesday, will see representatives from 40 countries discussing illegal migration, criminal finances, and online advertisements facilitating people-smuggling.
Government reviewing legal framework
Asked on the BBC’s Sunday with Laura Kuenssberg whether ministers were reconsidering how the ECHR influences migration cases, Ms Cooper responded:
“We continue to support international law. That is really important, and it’s because we support international law that we’ve managed to get new agreements with France and Germany.”
However, she acknowledged that certain legal cases have raised concerns, adding:
“It’s about the application, including of Article 8, as the Prime Minister has said. We are reviewing all of this area to make sure that the immigration and asylum system works effectively as Parliament intended.”
The review follows Denmark’s stricter stance on how the right to family life is interpreted in immigration cases. Reports suggest the UK Government is considering similar measures.
Summit focuses on tackling smuggling networks
At the two-day international summit, ministers will focus on tracking criminal finances involved in people-smuggling. A key concern is the Hawala system, a traditional but often misused method of money transfer. While legitimate, it has also been linked to illicit payments associated with English Channel crossings.
Representatives from France, the US, China, Albania, Vietnam, and Iraq – key source and transit countries for illegal migration – will take part in discussions aimed at strengthening global cooperation.
Tougher rules for employers
As part of its crackdown on illegal migration, the Government has also announced expanded right-to-work checks for casual and temporary workers under the Border Security, Asylum and Immigration Bill.
Businesses failing to conduct these checks could face fines of up to £60,000, closures, director disqualifications, and even up to five years in prison.
Ms Cooper emphasised that preventing illegal work is a priority:
“We’ve had a 40% increase in illegal working raids since the election… but we need to do more. This is not reaching the gig economy, where employers don’t have to conduct eligibility for work checks.”
The Government is concerned that criminal gangs exploit legal loopholes by promising migrants illegal work. The expanded checks aim to prevent such exploitation before it happens.
Labour’s approach faces conservative criticism
The Government’s approach has been met with criticism from the opposition. Shadow Chancellor of the Duchy of Lancaster Alex Burghart attacked Labour’s decision to scrap the Conservatives’ controversial Rwanda deportation scheme.
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“This is the wrong end of the problem. Labour came in, won a majority, and scrapped the deterrent programme we had set up. There is now no deterrent.”
The Rwanda policy, first proposed by the Conservatives, sought to relocate asylum seekers to Rwanda instead of allowing them to remain in the UK while their cases were processed. It was ultimately abandoned after legal challenges and political opposition.
Crackdown on visa holders claiming asylum
Ms Cooper also indicated that the Government is considering action against migrants who enter the UK on student or work visas but later claim asylum. This follows concerns that some individuals are abusing the system to remain in the country indefinitely.
The debate over migration laws remains one of the most contentious political issues in the UK. With record numbers of people arriving via the English Channel this year, the Government is under pressure to take decisive action while navigating the legal complexities of international human rights obligations.
As discussions continue, the effectiveness of these new measures – and whether they will provide a viable alternative to the abandoned Rwanda plan – remains to be seen.
