Have a question?
033 3772 0409

Immigration Solicitors

Tory rebel Amendment to Immigration Bill defeated (31 January 2014)

Date: 31/01/2014
Duncan Lewis, Immigration Solicitors, Tory rebel Amendment to Immigration Bill defeated

MPs have rejected an Amendment to the Immigration Bill which would have prevented foreign convicted criminals of using Human Rights legislation to remain in the UK.

Around 100 backbench rebel Conservative MPs tabled the Amendment, but it was defeated by 241 to 97 votes.

The Conservative Party is considering withdrawing from the European Convention on Human Rights to make deporting convicted criminals back to their home countries much easier.

Justice Minister Chris Grayling is also considering replacing the European Court on Human Rights in Strasburg with the Supreme Court as the highest appeal court in the UK. Decisions taken in courts in England and Wales and the High Court in London can be overturned by Strasburg and this has made deporting criminals back to their home countries nearly impossible for the Home Office.

Often foreign criminals are allowed to stay in the UK if deporting them would breach their right to a family life – this can apply if a criminal is married or has children resident in the UK.

Criminals who would face possible torture in their home countries are also sometimes allowed to stay in the UK after serving their sentence.

The Amendment failed as a result of both Labour and Liberal Democrat MPs voting against it. Conservative ministers had been instructed by their party to abstain from the vote rather than vote against the rebel backbenchers who tabled the Amendment. Labour MPs had also been advised to abstain from the vote and had this happened, it is likely the Amendment would have been passed.

The MP who tabled the Amendment – Dominic Raab – said it was time the law was changed to prevent foreign convicted criminals from using Article 8 of the Human Rights Act to remain in the UK after serving their sentence – Article 8 confers the right to a family life on individuals.

However, Home Secretary Theresa May told MPs that the Amendment was incompatible with the European Convention on Human Rights which Britain has signed up to.

Voting against the European Convention on Human Rights might risk a rift with other EU member states and Brussels.

Shadow Home Secretary Yvette Cooper said that the Immigration Bill had tuned into a “car crash” for the government – and head of policy for UKIP Tim Aker said that Prime Minister David Cameron had “lost the plot”.

Downing Street said that although Mr Cameron had agreed in principle with the Amendment, Conservative MPs had been asked to abstain rather than vote against it because if passed the proposal could be illegal.

Tim Aker said that the only solution was for Britain to leave the EU and leave the European Convention on Human Rights “to take back control of these legal issues”.

The House did vote in favour of the Home Secretary’s proposal to strip foreign-born terror suspects of their British citizenship. MPs voted in favour of the plan by 297 votes to 34. Some critics of the idea suggested it was a plan to “buy off” Tory rebels eager to see the government take a tougher line on immigration – although if implemented, it might mean some terror suspects would end up as stateless persons once their British citizenship had been rescinded.

Duncan Lewis Immigration Solicitors

Duncan Lewis is a leading firm of immigration solicitors and can advise on immigration law and asylum in the UK – as well as asylum appeals in the Appeals Tribunal to the First Tier Tribunal and the High Court.

Duncan Lewis immigration solicitors can also advise on:

• Benefits for migrants
• Citizenship
• Detention and deportation
• Housing
• Illegal entry to Britain
• Marriage in the UK
• Right to work in the UK
• Student visas.

For expert legal advice on immigration and asylum in the UK contact Duncan Lewis immigration solicitors on 020 7923 4020.


For all Immigration related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.