Article 8 hinders removal of foreign national prisoners: May 5th October 2011: Making it clear that she planned to rewrite immigration rules to prevent "misinterpretation" of Article 8, Home Secretary Theresa May asserted more than 100 foreign national prisoners and illegal immigrants successfully used it the previous year to avoid deportation.
May said the meaning of Article 8 has been distorted and used to prevent the removal of foreign national prisoners and illegal immigrants. She vowed to clear up any misapprehension by judges about what it meant.
May’s Conservative cabinet colleague, Justice Secretary Ken Clarke asserted he had not talked with May on her strategy to change immigration rules to reduce the number of foreign criminals successfully using Article 8 to avoid deportation.
But, he said it was "fine" to "remind people" about the scope of Article 8 as he believed there had to be an "extremely compelling" reason for convicted foreign criminals to remain in the UK.
At present, more than 200 criminals escape removal every year using Article 8 of the European Convention on Human Rights – the right to a ‘family life’.
The new rules overtly say the right to ‘family life’ should be discounted, if children were fathered while the immigrant was in Britain illegally.
The rules also apply where the foreign nationals have committed a crime or cannot support themselves without depending on the public funds.
With this, it is clear that illegal immigrants, foreign criminals and welfare tourists will be divested of their human right to a family life in Britain.
The changes come as at a time when senior Tories have been raising a voice against the legislation.