Government reviewing ‘right to family life’ court decisions as sex offenders to be denied refugee status
Court decisions where people were granted asylum after arguing they had a “right to family life” will be reviewed as the government plans to ban migrants convicted of sex offences, the home secretary has said.
Foreign nationals who are added to the sex offenders register will forfeit their rights to protection under the Refugee Convention, the Home Office announced.
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As part of the 1951 UN treaty, countries are allowed to refuse asylum to terrorists, war criminals and individuals convicted of a “particularly serious crime” – which is currently defined in UK law as an offence carrying a sentence of 12 months or more.
The government now plans to extend that definition to include all individuals added to the Sex Offenders’ Register, regardless of the length of sentence, in an amendment to the Border Security, Asylum and Immigration Bill, which is currently going through parliament.
Home Secretary Yvette Cooper told Sky News the new definition would also “take into account” sexual offence convictions in another country.
However, she was less clear if those affected will still be able to appeal against their removal from the UK under the European Convention on Human Rights (ECHR).
More than 10,000 people have now been detected crossing the Channel. Pic: PA
She said: “We continue to comply with international law, but the whole point is that our laws and our frameworks are about how we interpret international law… and how we make sure that the courts are then making their decisions based on the UK law that parliament has passed.”
She added the government is “reviewing” a “series of decisions” made in the courts where criminals have been allowed to stay in the UK under Article 8 of the Human Rights Act, which protects the right to respect “your private life, your family life, your home and your correspondence”.
“We are reviewing that because we do believe that the way in which it’s being interpreted in the courts is an issue and actually, there is greater clarification we can provide through our law to address that,” she said.
It is unclear how many asylum seekers will be affected by the change in law, as the government has been unable to provide any projections or past data on the number of asylum seekers added to the Sex Offenders’ Register.
Ms Cooper earlier said: “Sex offenders who pose a risk to the community should not be allowed to benefit from refugee protections in the UK. We are strengthening the law to ensure these appalling crimes are taken seriously.”
Safeguarding and Violence Against Women and Girls Minister Jess Philips said: “We are determined to achieve our mission of halving violence against women and girls in a decade.
“That’s exactly why we are taking action to ensure there are robust safeguards across the system, including by clamping down on foreign criminals who commit heinous crimes like sex offences.”
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Has Labour tackled migration?
The Home Office would like voters to see this as a substantial change. But that’s hard to demonstrate without providing any indication of the scale of the problem it seeks to solve.
Clearly, the government does not want to fan the flames of resentment towards asylum seekers by implying large numbers have been committing sex crimes.
But amid rising voter frustration about the government’s grip on the issue, and under pressure from Reform – this measure is about signalling it is prepared to take tough action.
Conservatives: ‘Too little, too late’
The Conservatives claim Labour are engaged in “pre-election posturing”.
Chris Philp, the shadow home secretary, said: “This is too little, too late from a Labour government that has scrapped our deterrent and overseen the worst year ever for small boat crossings – with a record 10,000 people crossing this year already.
“Foreign criminals pose a danger to British citizens and must be removed, but so often this is frustrated by spurious legal claims based on human rights claims, not asylum claims.”
The Home Office has also announced plans to introduce a 24-week target for appeal hearings (known as “first-tier tribunals”) to be held for rejected asylum seekers living in taxpayer-supported accommodation, or for foreign national offenders.
The current average wait is 50 weeks.
The idea is to cut the asylum backlog and save taxpayers money – Labour have committed to end the use of asylum hotels by the end of this parliament.
It’s unclear how exactly this will be achieved, although a number of additional court days have already been announced.
The government also plans to crack down on fake immigration lawyers who advise migrants on how to lodge fraudulent asylum claims, with the Immigration Advice Authority given new powers to issue fines of up to £15,000.
Amnesty International says it is “deeply concerning” that police made 474 arrests during a Palestine Action demonstration in London.
Metropolitan Police said 466 were detained under the Terrorism Act for showing support for a banned group.
Eight more people were arrested for other offences, including five for assaulting officers.
The Met said it was the most arrests it’s made related to a single operation in at least the past decade.
Pic: PA
Organiser of the event, Defend Our Juries, earlier said up to 700 people were at the event in Parliament Square and claimed police were preparing for the “largest mass arrest in their history”.
The group said those arrested included former Guantanamo Bay detainee Moazzam Begg, NHS workers, quakers and a blind wheelchair user.
Amnesty International UK’s chief executive Sacha Deshmukh said in a statement: “The protesters in Parliament Square were not inciting violence and it is entirely disproportionate to the point of absurdity to be treating them as terrorists.
“Instead of criminalising peaceful demonstrators, the government should be focusing on taking immediate and unequivocal action to put a stop to Israel’s genocide and ending any risk of UK complicity in it.”
The Met said a “significant number of people” at the event were seen “displaying placards expressing support for Palestine Action”.
Home Secretary Yvette Cooper said: “The right to protest is one we protect fiercely but this is very different from displaying support for this one specific and narrow, proscribed organisation.
“Palestine Action was proscribed based on strong security advice following serious attacks the group has committed, involving violence, significant injuries and extensive criminal damage.”
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Palestine Action supporters arrested at protest
Police said those arrested had been taken to processing points in Westminster and any whose details could be confirmed were bailed on condition they didn’t attend further Palestine Action support events.
Others whose details could not be verified, possibly because they refused to give them, were taken to custody suites across London.
Pic: PA
The protests have put a strain on authorities’ capacity to cope.
Sky News understands senior leaders in the prison service, known as “Capacity Gold”, met today to discuss how to deal with the large number of arrests as the male prison estate is close to full.
It’s understood 800 inmates were moved out of the busiest jails in and around London beforehand.
In a statement, the Metropolitan Police Federation said: “Thinking of our colleagues and wishing all assaulted officers well. Remember there are no ‘extra’ police officers – just the same ones having their days off cancelled, having to work longer shifts and being moved from other areas. Officers are emotionally and physically exhausted.”
Read more: What does proscribing a group mean?
Legislation to ban Palestine Action came into force on 5 July, making it a criminal offence to show support for the organisation, carrying a prison sentence of up to 14 years.
Defend Our Juries said earlier this week the protest would still go ahead, following several similar demonstrations since it was outlawed last month.
On Saturday, a spokesperson said: “Palestine Action and people holding cardboard signs present no danger to the public at large.”
Pic: PA
Human rights advocates Amnesty International described the arrests of so many people under UK terrorism law as “deeply concerning”.
Another march organised by the Palestine Coalition, which is a separate group, set off from Russell Square and assembled on Whitehall.
The Met Police said one person had been arrested there for showing a placard in support of Palestine Action.
Pic: Reuters
Earlier this week, three people charged as a result of illegal Palestine Action activity were named.
Jeremy Shippam, 71, of West Sussex, Judit Murray, also 71, of Surrey, and Fiona Maclean, 53, of Hackney in east London, will appear at Westminster Magistrates’ Court on 16 September.
The ban on Palestine Action faces a legal challenge in November after the High Court granted a full judicial review to Palestine Action co-founder Huda Ammori.
Foreign criminals will be deported from the UK immediately after they are sentenced, the justice secretary has said.
The law change proposed by Shabana Mahmood could save taxpayers an average of £54,000 a year per prison place.
The changes would apply to prisoners serving fixed-term “determinate” sentences.
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May: Inside one of Britain’s most overcrowded prisons
Authorities would also retain their power not to deport a criminal but instead keep them in custody – with examples including if an offender is planning further crimes against the UK’s interests or national security.
The justice secretary’s announcement goes further than a change to the law in June – expected to come into force in September – meaning prisoners face deportation 30% into their sentence rather than the current 50%.
The government will need parliament to greenlight its proposal to bring this down to 0%.
Foreign national offenders make up around 12% of the prison population.
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May: Male prison capacity running at 99%
Ms Mahmood said: “Our message is clear – if you abuse our hospitality and break our laws, we will send you packing.”
She added: “Deportations are up under this government, and with this new law they will happen earlier than ever before.”
Almost 5,200 foreign national offenders have been deported since July 2024, a 14% increase on the 12 months prior, according to the government.
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According to a Labour source, the previous Conservative government relied on prison transfer agreements with other countries to deport foreign national offenders, in deals which allow inmates to serve their custodial sentence in their “home” country.
This saw 945 prisoners sent to jails abroad between 2010 and 2023, equal to fewer than two criminals per week.
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July: Jenrick slams justice system shake-up
Conservative shadow justice secretary Robert Jenrick said: “In Starmer’s topsy-turvy world, investors are fleeing the country in their droves while record numbers of violent and sexual offenders from abroad are put up in our prisons. It’s a farce.
“Yet again Starmer has refused to confront our broken human rights laws.
“He needs to grow a backbone and change them so we can actually deport these individuals.
“The safety of the British public is infinitely more important than the ‘rights’ of sick foreign criminals.
“If countries won’t take back their nationals, Starmer should suspend visas and foreign aid. His soft-touch approach isn’t working.”
Police have made 200 arrests in London after crowds turned out for a Palestine Action demonstration – despite the group being banned.
Organisers Defend Our Juries said up to 700 people were at the event in Parliament Square and claimed police were preparing for the “largest mass arrest in their history”.
The group said those arrested included former Guantanamo Bay detainee Moazzam Begg, NHS workers, quakers and a blind wheelchair user.
The Metropolitan Police said a “significant number of people” were seen “displaying placards expressing support for Palestine Action, which is a proscribed group”.
“We have now made 200 arrests in Parliament Square this afternoon,” the force wrote in a post on X.
In an earlier post, it wrote: “While many of those remaining in the square are media and onlookers, there are still people holding placards supporting Palestine Action. Officers are steadily working through the crowd making further arrests.”
An aerial view of Parliament Square
Protesters write on placards for the Lift the Ban campaign rally on Saturday. Pic: PA
Read more
What does proscribing a group mean?
Legislation to proscribe Palestine Action came into force on 5 July, making it a criminal offence to show support for the organisation, carrying a prison sentence of up to 14 years.
Defend Our Juries announced the protest would go ahead earlier this week despite the ban, following several other similar demonstrations since the proscription last month.
On Saturday, a spokesperson for the group said that “Palestine Action and people holding cardboard signs present no danger to the public at large”.
A woman is dragged away by police officers after attending the Palestine Action protest in Parliament Square. Pic: PA
Three people have been charged as a result of illegal Palestine Action activity.
Jeremy Shippam, 71, of West Sussex, Judit Murray, also 71, of Surrey, and Fiona Maclean, 53, of Hackney in east London, will appear at Westminster Magistrates’ Court on 16 September.
Another march organised by the Palestine Coalition, which is a separate group, set off from Russell Square and assembled on Whitehall.
The Met Police said one person had been arrested there for showing a placard in support of the Palestine Action.
A man is detained by police officers in Parliament Square. Pic: PA
Crowds had assembled in Parliament Square by 1pm, with people seen writing “I oppose genocide, I support Palestine Action” on placards.
Many remained silent while others sang pro-Palestine chants.
A Home Office spokesperson said in a previous statement: “The Home Secretary has been clear that the proscription of Palestine Action is not about Palestine, nor does it affect the freedom to protest on Palestinian rights.
“It only applies to the specific and narrow organisation whose activities do not reflect or represent the thousands of people across the country who continue to exercise their fundamental rights to protest on different issues.”
The ban faces a legal challenge in November after the High Court granted a full judicial review to Palestine Action co-founder Huda Ammori.
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