‘When the government announces a ‘crackdown’ or some new tough policy on immigration or asylum, it is important to recognise that what this means (at most) is that migrants will be treated in accordance with the new policy unless their Convention rights require that they are treated otherwise; at most, since often when the policy is implemented there will be an explicit exemption for some groups, such as people entitled to disability benefit or the elderly. Naturally, ministers prefer not to spell this out, but it is unfortunate that 25 years after the introduction of the Human Rights Act that so many commentators, as recently shown in the response to the plans to reform aspects of the asylum system, seem unaware of (or for strategic reasons prefer not to make) this essential point.’
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UK Constitutional Law Association, 19th December 2025
Source: ukconstitutionallaw.org