Govt 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 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.

Politics latest: Tory-Reform coalition would be disaster, warns PM

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 their removal from the UK under the European Convention on Human Rights (ECHR).

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, how we interpret whether it be different parts of 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 for "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."

Read more:
PM 'doesn't want to see strike action'
Former Streeting aide avoids jail after exposing himself

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 MP, 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.

(c) Sky News 2025: Govt reviewing 'right to family life' court decisions as sex offenders to be denied refugee status