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Britain to cut ‘right to family life’ legal appeals

British immigration claims based on “exceptional circumstances” provisions of the Human Rights Act are to be restricted under Labour proposals announced today (12 May).

A white paper says that the number of Article 8 right to family life legal arguments decided by the British Home Office and the courts based on exceptional circumstances has substantially increased.

“An overly high proportion of family-related immigration cases are now decided on the basis that they are ‘exceptional’ to the normal rules, rather than being in line with the rules set down by parliament, and that undermines control and confidence,” the white paper states.

Forced marriages

A new family policy will mean “only those in genuine, subsisting relationships” qualify for residency, and will reduce forced marriages and include protections for victims of domestic abuse, the paper adds.

The family unit must also have sufficient money financially to support any migrants without relying on the taxpayer, it adds.

Labour said that the measure “will reshape our immigration system towards those who contribute most to economic growth, with higher skills standards for graduates and workers,” the England and Wales Gazette reports.

Rules and processes for deporting foreign offenders will also be simplified, the paper states, with swift deportation to follow any offence.

Home secretary Yvette Cooper said: “Later this summer, we will set out further reforms to the asylum system and to border security in response to irregular and illegal migration, including plans for new legislation building on the new measures already set out in the Border Security, Asylum and Immigration Bill that is currently passing through parliament.”