England/ Immigration law changes aim to stop deportations being blocked through the European Convention

Foreign criminals and other migrants will no longer be able to avoid removal from the United Kingdom by falsely presenting their family circumstances.

Article 8 of the European Convention on Human Rights protects the right to private and family life.

This provision has been widely used by Albanians in the island nation to challenge deportation orders after being found guilty of various criminal offenses.

Reliance on this article has also been used by people whose asylum applications have been rejected by the Home Office.

The proposed amendments to the Immigration and Asylum Bill, obtained by Top Channel, aim to close legal loopholes and punish those who submit last-minute asylum claims.

According to the Home Office, the changes will require courts to assess the length and frequency of contact parents have had with their children when considering whether family life constitutes a genuine basis for recognizing rights under Article 8.

The bill currently defines “family life” as generally limited to close family relationships between people who live together. The changes aim to ensure that Article 8 applies to parents who have a real and significant role in a child’s life, rather than to individuals trying to manipulate the system to remain in the United Kingdom.