Bill of Rights has significant implications for immigration law

24 June 2022

The UK government has introduced a Bill of Rights (‘Bill’) to Parliament, which seeks to overhaul the Human Rights Act 1998 and the UK’s relationship with the European Court of Human Rights (‘ECtHR’). The Bill, if passed into law, could have significant implications for immigration law.

Why has the UK government introduced the Bill of Rights?
In a press release, the Ministry of Justice and Deputy Prime Minister Dominic Raab said the Bill would “strengthen free speech and curb bogus human rights claims”. The Bill is widely seen as a response by the UK government to recent case law from the ECtHR which has impeded government policy, including a recent decision by the ECtHR which led to the first scheduled flight for the removal of asylum seekers to Rwanda being cancelled.

This is not the first time the idea of a Bill of Rights has been floated. It has been included in two previous Conservative party manifestos, first in 2010 and then in 2015. However, this is the first time the Bill has been introduced into Parliament, marking a strong intention from the Conservative party to reform human rights law.

What could the Bill of Rights mean for immigration law?
A number of the proposed provisions of the Bill would have an impact on immigration law. Firstly, individuals would have to prove they have suffered “material and significant harm” in order to make a human rights claim. This would raise the threshold for claims, making it increasingly difficult for individuals to argue that their human rights have been or would be infringed. This could particularly be relevant in cases of deportation, such as those under the Rwanda policy.

Secondly, the Bill would restrict the ability of foreign criminals to make a claim under Article 8 of the European Convention of Human Rights (‘ECHR’) (right to respect for private and family life, home and correspondence). These individuals would have to prove that “overwhelming, unavoidable harm” would be done to their child or dependant in order to avoid being deported.

Another significant change would be the curtailment of the powers of the ECtHR in various areas, including allowing appeals against deportation orders and the imposition of interim injunctions. This means that the recent interim injunction granted by the ECtHR in relation to the first scheduled flight to Rwanda would not have been binding on the UK courts.

The Bill would also make the Supreme Court the ultimate judicial decision-maker on human rights and allow UK courts to depart from ECtHR case law. This means the Supreme Court could overturn decisions made by the ECtHR.

What has been the reaction to the Bill of Rights?
There has been widespread criticism of the Bill of Rights. I. Stephanie Boyce, President of The Law Society, said: “The bill will create an acceptable class of human rights abuses in the United Kingdom – by introducing a bar on claims deemed not to cause ‘significant disadvantage’.”

Amnesty International has described the Bill as “a giant leap backwards for the rights of ordinary people.”

Sacha Deshmukh, Chief Executive of Amnesty International UK, added: “Ripping up the Human Rights Act means the public is being stripped of its most powerful tool to challenge wrongdoing by the government and other public bodies. This is not about tinkering with rights, it’s about removing them.”

Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.

Miglena Ilieva


Senior Solicitor and PSL Team Manager

Robert Greene


Paralegal


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