New Asylum Policy Faces Hurdles in Deporting Foreign Sex Offenders

Sir Keir Starmer has been cautioned that foreign sex offenders facing deportation will increasingly rely on the European Convention on Human Rights (ECHR). Labour's recent pledge to prevent sex offenders from claiming asylum has sparked criticism, with concerns that Article 3 of the ECHR, which protects against torture, supersedes the Refugee Convention. This could allow more criminals to use human rights laws to remain in the UK.

Shadow Home Secretary Chris Philp accused Starmer of dishonesty, stating that foreign criminals will simply utilize ECHR Article 3. He highlighted that Labour had previously voted against amendments aimed at preventing criminals from using human rights claims. The Home Office's decision to bar foreign sex offenders from refugee status, prompted by the Abdul Ezedi case, may lead to more deportations.

Former Home Secretary Suella Braverman argued that the Prime Minister's actions are insufficient, as the ECHR prevents deportation regardless of intentions. She advocated for leaving the ECHR to regain control of borders. Mr. Philp added that the Labour government's policies are inadequate and that foreign criminals, who pose a danger to British citizens, are often protected by human rights claims.

The new Home Office changes, announced on Monday, will not prevent foreign criminals from using Article 8 or Article 3 of the ECHR to fight deportation. Former government advisor Rajiv Shah warned that the changes would be ineffective, as Article 3 prevents deportation even when the Refugee Convention allows it. He noted that the government rejected an amendment to prioritize the Refugee Convention.

Yvette Cooper has expressed concerns about the interpretation of human rights laws by immigration judges. She is conducting a review of Article 8 of the ECHR, stating that too many decisions have been based on ad-hoc court rulings. She believes it is possible to change the interpretation of rules around family life. The Home Secretary acknowledged that foreign sex offenders could still use European human rights laws to avoid deportation.