Member

While some barriers to removal are the result of process, others are substantive issues related to the law itself. There is no doubt that the expanded interpretation of parts of the European Convention on Human Rights has contributed. This is particularly true of Article 8: the right to a family life. The courts have adopted an ever-expanding interpretation of that right. As a result, many people have been allowed to come to this country when they would otherwise have had no right to, and we have been unable to remove others when the case for doing so seems overwhelming. That includes cases like an arsonist, sentenced to five years in prison, whose deportation was blocked on the grounds that his relationship with his sibling may suffer. More than half of those detained are now delaying or blocking their removal by raising a last-minute rights claim.