James Brokenshire has welcomed news that the Government is examining changes to the immigration rules to end the abuse of ‘the right to a family life’, which often prevents the removal of foreign nationals who have been convicted of a criminal offence or breached immigration law.
Two thirds of appeals against the deportation of foreign national prisoners are allowed on the basis of the so called ‘Article 8’ rights. Between October and December 2010, 99 of the 162 successful appeals by foreign national prisoners against deportation were made on these grounds.
The Home Secretary announced at the Conservative Party Conference in Manchester that the Government is to clarify the immigration rules so that a foreign national can be deported when they:
o Have been convicted of a criminal office.
o Have breached immigration rules.
o Have established a family life while in the UK illegally.
o Seek to choose Britain as their country of residence ahead of another.
o Are unable to maintain and accommodate themselves and their dependents adequately without recourse to public funds.
Commenting from Manchester, James Brokenshire said:
“We should be able to deport foreign prisoners where they continue to pose a threat to British citizens. The European Convention of Human Rights should not be abused in order to frustrate legitimate action to provide greater public protection. That’s why it’s important that these provisions are clarified to maintain effective immigration controls and to underline that foreign nationals who threaten national security should be removed from the UK.”