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.
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.
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