Tories suggest Human Rights Act should no longer apply to immigration decisions
The Conservative Party has proposed removing the Human Rights Act from immigration-related legal proceedings, arguing that it should no longer apply to deportation cases.
Under this plan, individuals facing deportation would be unable to challenge the decision in UK courts using human rights claims. Party leader Kemi Badenoch has previously criticized the way some foreign offenders and illegal migrants use the legislation to avoid removal.
A source from the Home Office, however, dismissed the proposal as impractical, accusing the Conservatives of leaving the asylum system in disarray.
The Human Rights Act, introduced by a past Labour government, integrates the European Convention on Human Rights (ECHR) into UK law. The treaty has been a contentious issue within the Conservative Party, with some members advocating for a complete withdrawal from it.
The act has played a key role in preventing deportations, including blocking flights intended to transport asylum seekers to Rwanda. While Badenoch has not called for an exit from the ECHR, she argues that the act is frequently used to obstruct deportations, often citing the right to family life. She has also suggested that judges interpret the law too leniently in these cases.
The Conservatives are pushing to amend the Border Security, Asylum, and Immigration Bill—currently in committee—to exclude the Human Rights Act from immigration matters. Badenoch argues that this would transfer power from the judiciary to Parliament, allowing elected officials to have greater control over border security.
Critics, including Cabinet Office Minister Pat McFadden, claim the proposal would merely shift immigration decisions to the European Court of Human Rights in Strasbourg rather than resolving the issue. Shadow Home Secretary Chris Philp, however, defended the plan, arguing that the ECHR’s definitions have expanded beyond their original intent.
Labour, now in government, has rejected the proposal, saying it is unworkable and accusing the previous administration of mismanaging the asylum system. The Home Office insists that its current approach—boosting deportations and reducing reliance on asylum hotels—is a more effective solution.
The ECHR, established in 1950, guarantees fundamental rights and freedoms across 46 member states. It remains separate from the European Union, meaning the UK remained a signatory even after Brexit.
Right-leaning papers were keen to support the proposal, while left-wing papers criticised the comments.
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