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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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.
UK
Home secretary vows to end UK’s ‘golden ticket’ for asylum seekers – as Denmark-based reforms to be unveiled
The home secretary is set to unveil sweeping measures to tackle illegal migration, vowing to end the UK’s ‘golden ticket’ for asylum seekers.
People granted asylum in the UK will only be allowed to stay in the country temporarily, in the changes expected to be unveiled on Monday by Shabana Mahmood.
Modelled on the Danish system, the aim is to make the UK less attractive for illegal immigrants and make it easier to deport them.
Planned changes mean that refugee status will become temporary and subject to regular review, with refugees removed as soon as their home countries are deemed safe.
The Home Office said the “golden ticket” deal has seen asylum claims surge in the UK, drawing people across Europe, through safe countries, onto dangerous small boats.
Under current UK rules, those granted refugee status have it for five years and can then apply for indefinite leave to remain and get on a route to citizenship.
As part of the changes, the statutory legal duty to provide asylum seeker support, including housing and weekly allowances, will be revoked.
The government will seek to remove asylum support, including accommodation and handouts, to those who have a right to work and who can support themselves but choose not to or those who break UK law.
Home Secretary Shabana Mahmood. Pic: PA
‘Last chance for a decent politics’
A government source said Ms Mahmood believes her reforms are about “more than the electoral fortunes of her party”.
“This is the last chance for a decent, mainstream politics. If these moderate forces fail, she believes, something darker will follow,” they said.
“But this demands that moderates are willing to do things that will seem immoderate to some. She has reminded those who are reluctant to embrace her ambition for bold reform, with an ultimatum: ‘if you don’t like this, you won’t like what follows me.'”
Ms Mahmood said they were the most sweeping changes to the asylum system “in a generation”, as she vowed the government will “restore order and control to our borders”.
The home secretary also told The Sunday Times that “I can see – and I know my colleagues can – that illegal migration is tearing our country apart”.
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System being ‘gamed’
The source said Ms Mahmood believes the system is being “gamed by those travelling on boats or abusing legal visas”.
Some 39,075 people have arrived in the UK after making the journey across the Channel so far this year, according to the latest Home Office figures.
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The gangs smuggling people to the UK
That is an increase of 19% on the same point in 2024 and up 43% on 2023, but remains 5% lower than at the equivalent point in 2022, which remains the peak year for crossings.
What happened in Denmark?
The UK government points to Denmark remaining a signatory of the European Convention on Human Rights, while also cutting the number of asylum applications to the lowest number in 40 years and successfully removing 95% of rejected asylum seekers.
Shadow home secretary Chris Philp said the Labour government has “lost control” of the UK’s borders” with illegal channel crossings “surging to over 62,000 since the election”.
He said some of the new measures were welcome but “they stop well short of what is really required and some are just yet more gimmicks – like the previous ‘smash the gangs’ gimmick”.
Mr Philp added: “Only the Conservative borders plan will end illegal immigration – by leaving the ECHR, banning asylum claims for illegal immigrants, deporting all illegal arrivals within a week and establishing a Removals Force to deport 150,000 illegal immigrants each year.”
And Enver Solomon, chief executive of Refugee Council, said: “These sweeping changes will not deter people from making dangerous crossings, but they will unfairly prevent men, women and children from putting down roots and integrating into British life.”
Ms Mahmood will be appearing on Sunday Morning with Trevor Phillips from 8.30am on Sunday.
UK
Rail worker who protected passengers during mass stabbing on Huntingdon train discharged from hospital
The train crew member who was seriously injured while trying to protect passengers during a mass stabbing has been discharged from hospital.
Samir Zitouni, 48, known as Sam, was working on board the London North Eastern Railway (LNER) train from Doncaster to London when the attack began in Cambridgeshire on Saturday 1 November.
LNER said Mr Zitouni, who has worked for the firm for more than 20 years, was credited with helping to save multiple lives.
Mr Zitouni had been in a critical condition, having suffered multiple injuries in the incident, but was discharged on Saturday.
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Mahmood praises rail worker
His family said: “We are so grateful for the outpouring of support from the public, and very touched by all the kind words about Sam’s brave actions on the night of the attack.
“While we are really happy to have him home, he still has a significant recovery ahead and we would now like to be left in privacy to care for him as a family.”
Earlier this month, LNER said he has been a “valued member” of staff for over 20 years, working on board as a customer experience host.
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Train mass stabbing: A timeline of events
David Horne, managing director at LNER, said: “In a moment of crisis, Sam did not hesitate as he stepped forward to protect those around him.
“His actions were incredibly brave, and we are so proud of him, and of all our colleagues who acted with such courage that evening. Our thoughts and prayers remain with Sam and his family. We will continue to support them and wish him a full and speedy recovery.”
The attack is understood to have started shortly after the train left Peterborough, with passengers pulling the emergency alarms on the LNER service.
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Police believe train attacker filmed waving knife
Train driver Andrew Johnson, who served in the Royal Navy for 17 years, contacted a signaller and requested an unscheduled stop at Huntingdon station.
11 people were treated in hospital after the mass stabbing – nine were initially reported as having life-threatening injuries.
Anthony Williams, 32, was remanded into custody at Peterborough Magistrates’ Court on November 3, charged with 10 counts of attempted murder over the incident.
He will appear at Cambridge Crown Court on 1 December.
Donald Trump has said he will sue the BBC for between $1bn and $5bn over the editing of his speech on Panorama.
The US president confirmed he would be taking legal action against the broadcaster while on Air Force One overnight on Saturday.
“We’ll sue them. We’ll sue them for anywhere between a billion (£792m) and five billion dollars (£3.79bn), probably sometime next week,” he told reporters.
“We have to do it, they’ve even admitted that they cheated. Not that they couldn’t have not done that. They cheated. They changed the words coming out of my mouth.”
Mr Trump then told reporters he would discuss the matter with Prime Minister Sir Keir Starmer over the weekend, and claimed “the people of the UK are very angry about what happened… because it shows the BBC is fake news”.
The Daily Telegraph reported earlier this month that an internal memo raised concerns about the BBC’s editing of a speech made by Mr Trump on 6 January 2021, just before a mob rioted at the US Capitol building, on its flagship late-night news programme.
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BBC crisis: How did it happen?
The concerns regard clips spliced together from sections of the president’s speech to make it appear he told supporters he was going to walk to the US Capitol with them to “fight like hell” in the documentary Trump: A Second Chance?, which was broadcast by the BBC the week before last year’s US election.
Following a backlash, both BBC director-general Tim Davie and BBC News chief executive Deborah Turness resigned from their roles.
‘No basis for defamation claim’
On Thursday, the broadcaster officially apologised to the president and added that it was an “error of judgement” and the programme will “not be broadcast again in this form on any BBC platforms”.
A spokesperson said that “the BBC sincerely regrets the manner in which the video clip was edited,” but they also added that “we strongly disagree there is a basis for a defamation claim”.
Earlier this week, Mr Trump’s lawyers threatened to sue the BBC for $1bn unless it apologised, retracted the clip, and compensated him.
The US president said he would sue the broadcaster for between $1bn and $5bn. File pic: PA
Legal challenges
But legal experts have said that Mr Trump would face challenges taking the case to court in the UK or the US.
The deadline to bring the case to UK courts, where defamation damages rarely exceed £100,000 ($132,000), has already expired because the documentary aired in October 2024, which is more than one year.
Also because the documentary was not shown in the US, it would be hard to show that Americans thought less of the president because of a programme they could not watch.
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Newsnight allegations
The BBC has said it was looking into fresh allegations, published in The Telegraph, that its Newsnight show also selectively edited footage of the same speech in a report broadcast in June 2022.
A BBC spokesperson said: “The BBC holds itself to the highest editorial standards. This matter has been brought to our attention and we are now looking into it.”
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