BIHR calls Immigration Rules a "cynical power grab"

Press release, 19 June 2012

The British Institute of Human Rights comments on proposals to change the Immigration Rules ahead of a Parliamentary debate on 19 June 2012.

The Government has tabled a motion to be debated in the House of Commons on 19 June about new Immigration Rules in relation to the right to respect for family or private life (Article 8 of the European Convention on Human Rights).

The British Institute of Human Rights (BIHR) is concerned the debate about “foreign criminals and deportation” risks overshadowing important - and very British - values about fairness, and the need for our criminal justice and immigration systems to display a degree of humanity, even when confronted with people who have committed serious crimes.

In many cases, deportation will not offend human rights laws, nor will these laws prevent the UK from controlling its borders. But in some rare cases (and they are rare), even though the crime is serious, and our thoughts are with the victims of those crimes, the impact of deportation can be a step too far.

The British Institute of Human Rights is calling on MPs to oppose the motion because of the serious risks it poses to two of our most basic constitutional principles – the rule of law and the independence of the judiciary.

The types of cases which hit the headlines often relate to situations where deportation would remove someone whose life and family are here in the UK, to a place where they would in reality be a stranger, perhaps not even speaking the language, and where children would be permanently separated from their parent. BIHR is concerned that in some cases this might amount to exile rather than deportation.

Stephen Bowen, Director of BIHR said:

“The balancing act that judges have to strike can at times be very tough, but strike it we must if we are to remain a fair and compassionate society.

“The reality is that this House of Commons motion is little more than a cynical power grab by an executive intent on removing its deportation decisions from the scrutiny of the courts and threatens our very British value of fairness.”

Ends

Notes to editors

1. For media enquiries please contact Jean Candler on 020 7549 0550 jcandler@bihr.org.uk.

2. The Government has tabled the following motion for 2.30pm on Tuesday 19 June:

“That this House supports the Government in recognising that the right to respect for family or private life in Article 8 of the European Convention on Human Rights is a qualified right and agrees that the conditions for migrants to enter or remain in the UK on the basis of their family or private life should be those contained in the Immigration Rules.”

The British Institute of Human Rights believes MPs should oppose the premise of this motion because:

• There is no dispute that article 8 is qualified;

• This is not about a democratic deficit, rather the new Immigration Rules and this motion threaten our constitutional arrangements;

• The Immigration Rules are not a proportionate response to the issues in hand;

• Those at the sharp end will be both migrant and British families, and especially children;

• An affirmative vote on this motion sends the wrong message about the protection of fundamental rights and undermines the important role of Parliament.

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