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UK to review Article 8 ‘right to family life’ | Immigration Matters

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The UK Government is to review some of its immigration policy relating to the European Convention on Human Rights clause about family life, the BBC reports.

The Home Office will look at how it works with Article 8 of the ECHR, which guarantees the right to a family life.

The review comes after a Burundi asylum seeker won permission to bring her children to the UK – a move not usually allowed.

The Home Office said the review was part of managing migration.

In the case of the Burundi woman, reported in the Sunday Telegraph, she was granted “indefinite leave to remain” in the UK after the Home Office lost her paperwork.

Her immigration status would not normally allow her to bring dependents, but she won that right under Article 8.

This is part of a package of reforms we are putting in place to manage migration”

The newspaper said a second similar case was currently being considered by a judge.

A Home Office spokesman said: “We don’t think these cases set any precedent. Article 8 does not give an absolute right to remain here.

“We will continue to remove those who break the rules and try to play the system.

“We are going to consult on the family route shortly and look at what requirements we should place on foreign nationals who wish to establish a family life in the UK.

“This is part of a package of reforms we are putting in place to manage migration.”

Critics have called Article 8 a legal loophole, used by some people with children abroad to fight deportation.

It is possible further restrictions could be placed on immigrants who wish to stay or a tighter definition of the right to a family life could be proposed, says BBC political correspondent Robin Brant.

Conservative criticism

The government announced in February that a commission, jointly chaired by Justice Secretary Ken Clarke and Deputy Prime Minister Nick Clegg, would look at whether a UK Bill of Rights could overrule the European Convention of Human Rights.

The Conservatives had wanted to replace the Human Rights Act 1998 with a UK Bill of Rights however that was opposed by their Lib Dem coalition partners.

The Conservatives have been strongly critical of the Human Rights Act – legislation which introduced into British law the principles of the 1950 European Convention on Human Rights – of which Britain was one of the authors.

It was aimed at allowing people to claim the rights enshrined in the Convention without having to go to the European Court of Human Rights in Strasbourg. These include the right to life, the right to family, freedom from torture and the right to a fair trial.

But critics say the act makes it harder for British courts to extradite criminals and has also led the recent controversies over prisoners being able to vote and sex offenders having the right to appeal to get their name removed from the sex offenders register. Source: BBC

In one of several recent high profile ‘human rights’ cases, Immigration Matters reported that immigration judges allowed a convicted robber to stay in Britain on human rights ‘article 8’ grounds simply because he has a girlfriend in this country.

The Sri Lankan was jailed for 15 months but fought off an official attempt to deport him to his homeland because he said his human right to a “private and family life” was not being respected as he was going out with a woman here.

The case will increase concerns over the ease with which foreign criminals use human rights legislation to stay in Britain – an issue highlighted by The Sunday Telegraph’s “End The Human Rights Farce” campaign.

See also:

Convicted robber wins deportation appeal because he has a girlfriend in the UK

Bulgarian immigration increasing despite UK restrictions

UK population boom blamed on immigration

Immigration Rules for Bulgarian and Romanian nationals 

Immigration to UK from Poland rises again

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10 Responses to “UK to review Article 8 ‘right to family life’”
Read them below or add one

  1. Michael says :

    Dont get hysterical about tabloid propaganda.
    There are thousands of migrants in prisons and dete ntion centre all over UK. A good number of them with Families in this country.
    Thousands of people who have legitimately lived and worked and paid their taxes in UK are being deported to countries they have not lived or visited for decades.
    Lets stop being hypocritical about migration.
    Any British citizen, once outside UK is also a migrant.
    Ironicaly, this is not a term that has ever been used to describe British citizens living abroad.
    STOP DEMONISING OTHER HUMAN BEINGS.
    HITLER STARTED WITH THE SAME DRIP DRIP DRIP UNTIL IT BECAME HIS GOVERNMENT POLICY.
    LETS STOP DEMONISING OTHER PEOPLE.
    THANK GOD RAOUL MOAT WAS NOT AN IMMIGRANT !
    NONE OF THE 7/7 BOMBERS WAS AN IMMIGRANT EITHER.
    THERE ARE LOTS OF SO CALLED IMMIGRANTS MAKING POSITIVE CONTRIBUTIONS IN THIS COUNTRY AND YOU DONT SEE THEM ON JEREMY KYLE SHOWS HAVING CHILDREN AND EXPECTING THE TAX PAYING “IMMIGRANTS” TO FUND THEIR ALCOHOLIC AND DRUG FUELLED LIFE STYLES.
    ARE THE IMMIGRANTS THE CAUSE OF THE DEFICIT?
    ARE THEIMMIGRANTS IN POSITION OF POWER ?
    THOUSANDS OF THEM ARE PAYING TAXES THEY WILL NEVER GET ANY BENEFIT FROM IN TERMS OF STATE PENSION.
    PLEASE STOP DEMONISING OTHER PEOPLE FOR YOUR OWN SATIFACTION.

  2. Michael says :

    Dont get hysterical about tabloid propaganda.
    There are thousands of migrants in prisons and dete ntion centre all over UK. A good number of them with Families in this country.
    Thousands of people who have legitimately lived and worked and paid their taxes in UK are being deported to countries they have not lived or visited for decades.
    Lets stop being hypocritical about migration.
    Any British citizen, once outside UK is also a migrant.
    Ironicaly, this is not a term that has ever been used to describe British citizens living abroad.
    STOP DEMONISING OTHER HUMAN BEINGS.
    HITLER STARTED WITH THE SAME DRIP DRIP DRIP UNTIL IT BECAME HIS GOVERNMENT POLICY.
    LETS STOP DEMONISING OTHER PEOPLE.
    THANK GOD RAOUL MOAT WAS NOT AN IMMIGRANT1

  3. Margie says :

    The man/woman who has made the first malicious comment has been posting misleading comments about a woman to be harrassed.

    This man/woman could be a possible extemist/terrorist please ignore the comments as he/she doesn’t understand the meaning of PEACE.

    Violence is the only language known to this person.

    If anyone allows this facists who wants to remove the rights of Family Life from any individual is not only a Racist but a Criminal.

    Will continue to fight this ugly character who looking for public sympathy and patronise his artificial statements to cause public outrage.

  4. What type of ‘UK visa’ do you wish to apply for?

  5. Phil Most of Europe and the USA’s is in ‘administration’! But Britain will survive!

  6. ajay kumar says :

    hi this ajay kumar i want uk visa

  7. PHILIP SHELLEY says :

    The IAS going into administration, Southern Cross going broke …… immigration losing a Burundi persons paperwork !!!! whats happening to this once great nation ??

  8. mukish dhanbir says :

    what can i say. i have been trying to have my life back and name cleared from this woman who at first bought false documents which granted her an extension on her student’s visa although she had never attended any school. then lied excessively to the home office on domestic violense just to stay here. now she is using an innocent child as a means of a passport to remain in the Uk and get money. the said child she threatened to kill before it was even born. all these lies said about me have been going on for over three years and she is still lieing to get what she wants and seems to be getting away with it.

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