Overhauling the Asylum System and Curtailing Article 8 ECHR

The second major pillar of the reforms targets the asylum system, aiming to make refugee status temporary, accelerate removals, and explicitly limit the use of human rights legislation, particularly Article 8 of the European Convention on Human Rights (ECHR), in challenging deportations.

• Temporary Refugee Status: Refugee status will no longer be permanent. It will be reviewed every two and a half years, with refugees liable to be returned to their home country if it is deemed safe. This introduces a significant element of conditionality to protection.

• Extended Path to Settlement for Refugees: Recognised refugees arriving via safe and legal routes will now be subject to a 20-year wait before qualifying for core settlement. A new 'work and study' visa route with a quicker path to settlement will be available for refugees who secure a job or enter education.

• Reduced Support for Asylum Seekers: The legal duty to provide support to destitute asylum seekers will be removed and replaced with a discretionary power. This allows the government to withhold support from those who can work, break the rules, or have assets, significantly altering the safety net.

• Limiting Article 8 ECHR Claims: A key focus is to close what the government terms a "loophole" allowing Article 8 claims (the right to respect for family and private life) to delay or block removals. Proposed legislative changes include:

  • Narrowed Definition of "Family": The legal definition of what constitutes a "family" for Article 8 claims will be restricted, typically to immediate family members (parents and their children), limiting claims based on wider relationships.

  • Strengthening the "Public Interest" Test: New legislation will redefine the "public interest" test, making removal or refusal the default outcome and allowing Article 8 rights to succeed only in the most exceptional circumstances. This explicitly prioritises the state's interest in immigration control over individual family life rights in most cases.

• Enhanced Enforcement and Appeals:

  • The government will begin the removal of families who have failed asylum claims.

  • Sanctions (such as visa bans) will be imposed on countries that refuse to cooperate on the return of their citizens.

  • The appeals system will be streamlined to one body with one route of appeal to accelerate decision-making and removals.

Implication for Legal and Humanitarian Sectors: These reforms represent a significant shift for legal practitioners, NGOs, and humanitarian organisations, who will need to adapt to a more restrictive environment for asylum claims and challenges to removal. The targeting of Article 8 is particularly noteworthy, aiming to curtail a frequently used avenue for legal challenge.

These reforms are described by the government as the "biggest shake-up" of the UK's immigration and asylum systems in nearly 50 years, signaling a clear intent to exert greater control and enforce a more restrictive approach.