Migrants exploiting human rights laws targeted in fresh reforms

Migrants who misrepresent their family circumstances or make last-minute asylum claims will face tougher rules under new measures to prevent abuse of the system.  

The government has tabled amendments to the Immigration and Asylum Bill to close Article 8 loopholes and crack down on individuals who lodge last-minute asylum claims.  

The Home Secretary is determined to stop foreign criminals and other migrants abusing human rights laws to dodge deportation from the UK.   

New reforms will mean that courts will have to consider how long and how often a parent has been in contact with their child when considering if family life exists. 

This follows the bill defining ‘family life’ as typically restricted to core, co-habiting family relationships. This week’s amendments aim to strengthen the rules further, preventing migrants from bolstering their Article 8 claims by moving back into the family home shortly before making a claim. 

New rules will also be introduced to enable immigration claims made at the last-minute without good reason to damage a person’s credibility, with decision-makers required to factor in the timing of evidence when considering claims. 

This will build on measures in the Immigration and Asylum Bill to introduce an expedited decision-making process for late claims, helping to address the issue of individuals withholding information or raising a last minute claim which severely delays their legitimate removal from the UK. 

The British public must trust that their immigration system is secure, controlled and not open to abuse. 

These reforms will protect its integrity, prevent exploitation and ensure that those with no right to be here are swiftly removed. 

This builds on our work to ramp up removals and slash asylum costs, while providing sanctuary to those who need it.

The bill passed its second reading in the House of Commons with a majority of 174 in July.