Home Secretary Shabana Mahmood is facing an uphill battle as she pushes forward with her controversial plans to tighten Britain’s asylum system.
Critics warn that left-leaning lawyers, MPs, and human rights groups could throw serious roadblocks in her path, raising questions about whether the reforms can survive in court.
Refugee Status to Become Temporary and Restrictive
Under the proposals, refugee status would no longer be a permanent right.
Instead, it would be reviewed every 30 months.
Anyone hoping to settle in the UK permanently would have to wait two decades, and those fleeing conflict would be expected to return home once their country is deemed safe.
Families Could Be Split, Financial Support Limited
The plan would also remove the automatic right for refugees to bring spouses or children to the UK.
Additionally, financial support for those whose claims are still being processed would be restricted unless it was absolutely necessary.
Judges and the Human Rights Act
Ms Mahmood wants to prevent judges from using Article 8 of the European Convention on Human Rights (ECHR)—which guarantees a right to family life—to block deportations.
But experts say that as long as the UK remains part of the ECHR and the Human Rights Act, the plan is vulnerable to legal challenges.
Refugees and migrants could appeal decisions all the way to the European Court of Human Rights in Strasbourg, potentially forcing the government to revise or scrap key elements.
Labour and Charities Push Back
Labour MPs, peers, and migrant charities have voiced strong opposition.
Critics argue the plans are impractical, costly, and could cause real human suffering.
Labour peer Lord Dubs warned that deporting long-settled refugees could split families and disrupt lives, while Amnesty International emphasized that harmful policies often face inevitable legal challenges.
Political Figures Voice Skepticism
Shadow Home Secretary Chris Philp said the government’s approach is “doomed to failure” while the UK remains under the ECHR.
Reform UK leader Nigel Farage echoed similar concerns, pointing out that court challenges and political resistance could derail the reforms.
Tory peer Baroness Maclean suggested that true enforcement would require scrapping the Human Rights Act and returning to policies like the Rwanda plan.
Rising Channel Crossings Highlight Urgency
Despite the controversy, the government points to record numbers of illegal crossings.
This year alone, 39,292 migrants have arrived in small boats, with another 217 arriving in three boats on Friday.
Supporters of the crackdown argue that stricter rules are needed to regain control over Britain’s borders.
Drawing Inspiration from Denmark
Immigration Minister Mike Tapp cited Denmark’s immigration policies as a model.
He claims Denmark has successfully reshaped its system while remaining within the ECHR framework and said feedback from colleagues has been positive.
The proposals also include “safe and legal routes” for those genuinely fleeing war and persecution, along with arrangements similar to UK support for Ukrainian refugees.
Financial and Practical Challenges
Reviewing refugee status every 30 months could cost the UK an estimated £872 million over the next decade, according to the Refugee Council.
Human rights organizations argue that the reforms are not only expensive but also risk causing unnecessary hardship.
Visa Sanctions to Encourage Cooperation
In a parallel move to boost deportations, the UK plans to threaten visa restrictions for Angola, Namibia, and the Democratic Republic of Congo unless their governments improve cooperation on returning nationals.
Mahmood Stands Firm
Despite mounting criticism, Ms Mahmood emphasized the government’s responsibility to control borders.
“The public rightly expect that we can determine who enters this country, and who must leave,” she said.
“To maintain the generosity that allows us to provide sanctuary, we must restore order and control.”
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