The Home Secretary Theresa May has announced plans to challenge the application of human rights laws by UK courts in cases involving the deportation of foreign nationals who have committed crimes.
In a statement to the House of Commons yesterday, May announced a debate in Parliament in the coming week to argue for the introduction of new guidelines for judges applying human rights law in immigration cases.
She said that the use of article 8 of the European Convention on Human Rights, which gives a right to family life, should only be a qualified right and should not apply to foreign nationals who commit crimes in the UK.
"This is not an absolute right. So in the interests of the economy or of controlling migration or of public order - those sorts of issues - the state has a right to qualify this right to a family life," she told BBC's Andrew Marr.
"What I am going to do is actually set out the rules that say this is what Parliament, this is what the public believe is how you balance the public interest against the individual's interest," she added.
May believes that a clear message must be sent by Parliament to judges and has warned that if the will of Parliament is then ignored she will consider enacting primary legislation to achieve her goals.
May also announced plans to overhaul existing immigration laws so that illegal migrants living in the UK will now have to wait 20 years before gaining the right to apply for long-term settlement. At present the limit is set at 14 years.
Other proposals announced include a change to rules on financial independence, which would impose a minimum income requirement on any migrant wishing to bring a spouse or children to the UK.
Non-EU nationals wishing to bring their spouse to the UK will need to earn at least £18,600 per annum, and this would rise to £22,400 if they have one child, and then by £2,400 per annum for each additional child.
"I think it is important that if people are bringing people into the UK to create a family here that we say that you should be able to support yourselves and not be reliant on the state," she said.
Source:
Theresa May seeks changes to use of human rights law over deportation (The Independent)
Find an immigration solicitor anywhere in the UK (FindLaw)
Leave a comment