The UK Immigration Minister Damien Green has warned that the way courts interpret the human right to family life has led to a “ridiculous and damaging situation” and risks a “dangerous” stand off between parliament and judges.
Mr Green said the situation is “not healthy for anyone” and calls the whole concept of human rights in to question.
The Government is currently examining how parliament can provide clearer guidance on how Article 8 of the European Convention on Human Rights show be interpreted with a view to restricting its use.
It follows concerns that foreign criminals and other illegal immigrants are able to use the right too easily to fight deportation.
In 2010, more than 400 criminals were allowed to stay in the UK after winning appeals, mainly on human rights grounds such as the right to family life.
Last month, it emerged Theresa May, the Home Secretary, is drawing up plans to stop illegal immigrants using time spent in Britain unlawfully to bolster their claims to stay.
She aims to stop those facing deportation demanding a right to family life because of the length of time they have been in the country, when most of it was spent here illegally.
In a speech to the think tank Policy Exchange in London, Mr Green said most people would not agree that rights had been breached in many recent high profile cases.
“That leads to the ridiculous and damaging situation where the whole concept of Human Rights is called into question,” he said.
“This is not healthy for anyone. It is also dangerous for there to be a long-term stand-off between Parliament and the judges, which is why we want to give better Parliamentary guidance on what should be considered in these kind of cases in future.”
In a wide ranging speech on immigration, Mr Green also revealed some high earning migrants may be allowed to take up jobs in the UK without them first being advertising to others.
Under the resident labour market test, employers looking to recruit from outside the EU must first advertise for a month in jobcentres.
But Mr Green is keen to make it easier for the most talented migrants to come and has asked the Migration Advisory Committee (MAC) to look at the issue.
He is also considering allowing talented “entrepreneurial” international students the ability to stay on and continue to develop their ideas after their studies.
It is part of the Government’s bid to redefine the foundation of immigration policies to ensure the brightest and best can still come.
He said immigrants must “add to the quality of life in Britain” if they wish to live here and not just “benefit by Britain”.
The Government has pledged to cut net migration from the current 242,000 to the “tens of thousands” last seen in the 1990s, with crackdowns on forced and sham marriages, bogus students and an annual cap on immigrants coming from outside the EU.
The MAC, the Government’s immigration advisers, found there were up to 23 fewer jobs for British workers for every additional 100 working migrants coming from outside the EU. Source: The Telegraph.
The UK is set introduce a minimum earnings figure of £31,000 in order to qualify for permanent settlement or Indefinite Leave to Remain, the Immigration Minister announced yesterday.
Mr Green also told the BBC that he was proposing to set a minimum income level for any sponsor seeking to bring in a foreign spouse – and said the recommended level from MAC (Migration Advisory Committee) was between £18,600 and £25,700.
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