How often do migrants successfully fight their removal from Britain on the basis of their human rights?
The clamour from the right for the UK to withdraw from the European Convention on Human Rights has been growing – even some high-profile Labour figures say it needs reform.
So, I’ve come to an immigration appeal court – unannounced – to find out how it is used by migrants and their lawyers here.
Decisions delayed, outcomes unpublished
I get to the fourth floor of a large court building in Birmingham.
The first case I’m ushered into to see is a 38-year-old Nigerian man. He came on a student visa – but that ran out.
Just before he did, he put in a claim to stay on the basis of his relationship with a woman, who is originally from Barbados but has lived and worked in Britain since 2015.
The judge, who will decide their fate, dials in via video link. He hears the man’s partner has a 17-year-old daughter.
She lives with her biological father, but the couple insist she is so close to the Nigerian man she calls him “Dad”. This is an appeal being made under Article 8 of the ECHR – the right to a family life.
The following day, it’s a different judge – this time he’s here in person.
The man in front of him is appealing against deportation to Kenya. He came to the UK as a baby with his mother and siblings.
As a teenager, he was jailed for almost 10 years for stabbing a man, causing serious injuries.
It emerges that his case is also based on Article 8 of the ECHR. Since leaving prison, he’s fathered a child who has just turned two.
There are arguments made too under Article 3 of the ECHR – which protects against torture and inhuman or degrading treatment or punishment – due to the man being diagnosed with “generalised anxiety” and depression.
It will be a few weeks before decisions are made on these cases – and the results won’t be published by the court.
I leave, thinking how opaque the process feels.
It’s also easy to see why some politicians are pointing to the ECHR – a treaty signed after the Second World War to protect the rights of everyone in the Council of Europe – as a barrier to removing more migrants.
Image: Between April 2008 and June 2021, 21,521 foreign nationals were due to be deported because of crimes they’d committed
Is the ECHR really a barrier to deportation?
“I think there’s a strong kind of political dynamic there which has led to, in some ways, you might say, a kind of scapegoating of the European Convention,” says Alice Donald, Professor of Human Rights law at Middlesex University, London.
She’s not convinced that withdrawal from ECHR would make a big difference to the number of people the UK is able to remove or deport.
“The honest answer is we don’t know, we don’t have enough data to say that,” she says.
“The data that we do have, for example, in relation to the number of human rights appeals against deportation by foreign national offenders, which has been very much in the news this year, suggests that it would really make only a marginal difference.”
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3:11
‘What did we do wrong?’ – Asylum seekers on protests
Those figures, published by the Home Office, reveal that between April 2008 and June 2021, 21,521 foreign nationals due to be deported because of crimes they’d committed appealed, and 2,392 were successful on human rights grounds only. That’s around 181 on average per year.
We don’t have figures for how many other types of immigrants are allowed to stay on the basis of human rights. Small boat migrants who claim asylum would usually rely on another convention.
“In terms of asylum claims, it is governed by the 1951 Refugee Convention as a different treaty,” Prof Donald explains.
“There is, of course, overlapping protection with the prohibition of torture in the European Convention… so if the Refugee Convention were still in place, then of course people seeking asylum would rely on that.”
She also believes there have been “a number of erroneous stories or exaggerated stories”.
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6:08
Reform would deport legal migrants
Debunking the chicken nugget myth
In February 2025, it was widely reported that an Albanian criminal’s deportation was halted over his son’s dislike of foreign chicken nuggets.
“What actually happened in that case is that it went to the upper tribunal (second-tier immigration appeal court) which ordered that he could be deported. And also specifically said that the evidence to do with chicken nuggets was nowhere near the level required,” Prof Donald says.
What leaving the ECHR would mean
Withdrawal from the ECHR would mean the guarantees it provides would be removed for everyone in the UK, not just migrants.
It not only protects the rights to life, liberty, fair trial and freedom of expression among others, but also prohibits torture, slavery and discrimination.
Pulling out of the treaty could also breach the Belfast Good Friday Agreement – though some say such an outcome is avoidable.
However, in a country where immigration is the top issue of concern for voters, there are some who now think that is a price worth paying.
A Royal Navy patrol ship has intercepted two Russian vessels off the UK coast, the Ministry of Defence has said.
It comes after Defence Secretary John Healey announced last Wednesday that lasers from Russian spy ship the Yantar were directed at RAF pilots tracking it, in an attempt to disrupt the monitoring.
The MoD said on Sunday that in a “round-the-clock shadowing operation”, the Royal Navy ship HMS Severn has intercepted Russian warship RFN Stoikiy and tanker Yelnya off the UK coast in the past fortnight.
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1:16
Russian ship ‘directed lasers at our pilots’
The Russian vessels sailed through the Dover Strait and westward through the English Channel, the MoD said.
HMS Severn later handed over monitoring duties to a NATO ally off the coast of Brittany, France, it said, but continued to watch from a distance and remained ready to respond to any unexpected activity.
The ministry added that the UK’s armed forces are on patrol “from the English Channel to the High North” amid increased Russian activity threatening UK waters.
At a news conference in Downing Street on Wednesday, Mr Healey said the spy ship was on the edge of British waters north of Scotland, having entered wider UK waters over the last few weeks.
He said it was the second time this year the Yantar had been deployed off the UK coast and he claimed it was “designed for gathering intelligence and mapping our undersea cables”.
Image: HMS Severn tracking of Russian corvette RFN Stoikiy and tanker Yelnya off the UK coast. Pic: MoD
Mr Healey said the ship had “directed lasers” at pilots of a P-8 surveillance aircraft monitoring its activities – a Russian action he deemed “deeply dangerous”.
In a clear message to Russian President Vladimir Putin, the defence secretary said: “We see you. We know what you are doing. And we are ready.”
The ministry said while tracking the Yantar, Royal Navy frigate HMS Somerset and other civilian ships in the area “experienced GPS jamming in a further demonstration of unprofessional behaviour, intended to be disruptive and a nuisance”.
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2:40
What is Russian spy ship up to?
Russia’s UK embassy dismissed the accusations and insisted the Yantar is a research ship in international waters.
The defence secretary also repeated government plans to increase defence spending and work with NATO allies to bolster European security.
And he stressed how plans to buy weapons and build arms factories will create jobs and economic growth.
Image: HMS Somerset flanking Russian ship the Yantar near UK waters on 22 January 2025. File pic: Royal Navy/PA
A report by a group of MPs, also released on Wednesday, underlined the scale of the challenge the UK faces.
It accused the government of lacking a national plan to defend itself from attack.
The Defence Select Committee also warned that Mr Healey, the prime minister and the rest of the cabinet are moving at a “glacial” pace to fix the issue and are failing to launch a “national conversation on defence and security” – something Sir Keir Starmer had promised last year.
Image: Russian ship the Yantar transiting through the English Channel. File pic: MoD
The UK has seen a 30% increase in Russian vessels threatening UK waters in the past two years, according to the MoD.
But the ministry maintained the UK has a wide range of military options at its disposal to keep UK waters safe.
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Three RAF P-8 Poseidon aircraft have deployed to Keflavik Air Base in Iceland in the largest overseas deployment of the RAF P-8 fleet so far, the MoD said.
They are conducting surveillance operations as part of NATO’s collective defence, patrolling for Russian ships and submarines in the North Atlantic and Arctic.
The operations come just weeks after HMS Duncan tracked the movements of Russian destroyer Vice Admiral Kulakov, and frigate HMS Iron Duke was dispatched to monitor Russian Kilo-class submarine Novorossiysk.
West Midlands Police has defended the ban on Maccabi Tel Aviv fans attending an Aston Villa match after it was claimed that false intelligence was used.
Supporters of the Israeli club were barred from the Europa League fixture at Villa Park on 6 November.
West Midlands Police chief superintendent Tom Joyce told Sky News before the game that a “section” of Maccabi’s fanbase engaged in “quite significant levels of hooliganism”.
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2:28
‘Hooliganism’ blamed for Maccabi Tel Aviv ban
According to The Sunday Times, West Midlands Police claimed in a confidential dossier that when Maccabi played Ajax in Amsterdam last year, Israeli fans threw “innocent members of the public into the river”, and added that between 500 and 600 supporters had “intentionally targeted Muslim communities”.
The report also said 5,000 Dutch police officers had been deployed in response.
However, the Netherlands’ national police force has questioned the claims, reportedly describing information cited by its British officers as “not true” and in some instances obviously inaccurate.
Sebastiaan Meijer, a spokesman for the Amsterdam division, told The Sunday Times that he was “surprised” by allegations in the West Midlands Police report, which had linked 200 travelling supporters to the Israel Defence Forces (IDF).
Mr Meijer denied that his force had such intelligence, adding that the claim was meaningless given the country had a policy of conscription.
Also, Mr Meijer said that Amsterdam’s force “does not recognise” the claim in the British report, attributed to Dutch law enforcement, that Israelis were “highly organised, skilled fighters with a serious desire and will to fight with police and opposing groups”.
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3:09
Heavy police presence for Aston Villa v Maccabi Tel Aviv
The Dutch police added that the only known case of a fan being in the river appeared to involve a Maccabi supporter. While being filmed, he was told he could leave the water on the condition that he said “Free Palestine”.
In an interview with Sky News before the game, West Midlands Police referenced disorder when Maccabi played Ajax in Amsterdam last November.
Mr Joyce said ahead of the Villa Park match: “We’ve had examples where a section of Maccabi fans were targeting people not involved in football matches, and certainly we had an incident in Amsterdam last year which has informed some of our decision-making.
“So it is exclusively a decision we made on the basis of the behaviour of a sub-section of Maccabi fans, but all the reaction that could occur obviously formed part of that as well.”
Image: Pro-Israel supporters are led away from Villa Park before a Europa League tie on 6 November. Pic: PA
Maccabi’s visit to Birmingham came amid heightened tensions due to Israel’s war on Hamas in Gaza.
A safety advisory group (SAG) recommended that Maccabi fans should be banned from attending the fixture on the advice of the police. The ban drew criticism, and Prime Minister Sir Keir Starmer said it was the “wrong decision”.
Image: Mounted police outside Villa Park for the game. Pic: PA
West Midland Police’s statement in full
Following The Sunday Times report, West Midlands Police stood by its “information and intelligence”, adding that the “Maccabi Fanatics… posed a credible threat to safety”.
In a statement to Sky News, the force said: “West Midlands Police’s evaluation was based primarily on information and intelligence and had public safety at its heart.
“We assessed the fixture between Ajax and Maccabi Tel Aviv in Amsterdam as having involved significant public disorder.
“We met with Dutch police on 1 October, where information relating to that 2024 fixture was shared with us.
“Informed by information and intelligence, we concluded that Maccabi Tel Aviv supporters – specifically the subgroup known as the Maccabi Fanatics – posed a credible threat to public safety.
“The submission made to the SAG safety advisory group was based on information and intelligence which helped shape understanding of the risks.
“West Midlands Police commissioned a peer review, which was conducted by UKFPU [United Kingdom Policing Unit], the NPCC [National Police Chiefs’ Council] and subject matter experts.
“This review, carried out on 20 October, fully endorsed the force’s approach and decision-making.
“We are satisfied that the policing strategy and operational plan was effective, proportionate, and maintained the city’s reputation as a safe and welcoming place for everyone.”
The watch, which had remained in the couple’s family, was sold at Henry Aldridge & Son Auctioneers in Devizes, Wiltshire.
The £1.78m for the item is the highest amount ever paid for Titanic memorabilia, according to the company.
A letter written by Mrs Straus on Titanic stationery and posted while onboard the ship fetched £100,000.
The previous record was set last year when another gold pocket watch presented to the captain of a boat that rescued over 700 passengers from the liner sold for £1.56m.