Government Ministers to tackle abuse of Article 8

4 July 2011

The government is to launch a major review on Article 8 of the Human Rights Act – the right to family life. It is proposed that thousands of failed asylum seekers and criminals are making use of the act to block deportation from the UK.

Appeal judges have previously caused concerns for broadening the what the right to family life constitutes – in previous cases an immigrant of Bolivia avoided deportation because he owned a pet cat with his girlfriend.

The Home Office consultation paper will look at restricting any further abuse of the family route to the UK.

Immigration Minister Damian Green said:

β€˜The Government intends to consult later this year on family migration and on the requirements which should be placed on foreign nationals who wish to establish a family life in the UK.

β€˜While everyone has a right to respect for their private life and family life under Article 8, it is not an absolute right, and it is legitimate to interfere with that right when it is in the public interest to do so.’

A Home Office spokesman commented further:

β€˜We will continue to remove those who break the rules and try to play the system. This is part of a package of reforms to manage migration.’