House of Commons Library publishes briefing on immigration and ECHR legal framework
The House of Commons Library has published a research briefing examining the European Convention on Human Rights (ECHR) framework in UK immigration law. The briefing reports that from 2015 to 2024, around 61,000 ECHR appeals succeeded in the first-tier immigration tribunal. Despite media coverage highlighting appeals by criminals specifically, successful challenges by foreign criminals represented approximately 3% of completed deportations for criminal offending. The document outlines current legal provisions under Articles 3 and 8 of the ECHR, including different deportation tests based on sentence length and various exceptions within immigration rules. The briefing notes that the current government is conducting an internal review of ECHR implementation, with then Home Secretary Yvette Cooper stating that around 30% of immigration decisions are being treated as 'exceptional' under ECHR interpretations. The briefing reports that the May 2025 immigration white paper promised legislation to strengthen the public interest test and clarify Article 8 rules to reduce cases treated as exceptional. The briefing also documents the historical development of ECHR immigration rights from the 1985 Abdulaziz case through to recent Supreme Court decisions.