Angela Sharma comments on the possible overhaul of the 1951 Refugee Convention, in the Daily Express

Angela Sharma has provided comment in The Daily Express on the proposed EU plans to overhaul the 1951 Refugee Convention, and whether this will put pressure on the UK government to tighten its immigration laws.

“If the European Union enacts these significant legal changes, member states will be able to deport failed asylum seekers and foreign criminals more easily. These reforms involve a reinterpretation of Article 3 (prohibition of torture and inhuman treatment) and Article 8 (right to private and family life) under the European Convention on Human Rights (ECHR). The goal is to prevent these provisions from being used to block deportations, resulting in faster deportation processes and limited appeal opportunities.

“Despite Brexit, the UK remains bound by the ECHR through its Human Rights Act (1998), as the convention is an international treaty overseen by the Council of Europe – not an EU law. If the EU successfully modifies its interpretation of human rights protections related to deportations, the UK government may come under pressure to either align with EU reforms or introduce stricter immigration laws. However, such changes could face legal challenges in domestic courts under the Human Rights Act. Additionally, asylum seekers denied protection may escalate their cases to the European Court of Human Rights (ECtHR), arguing that deportations violate their fundamental rights.

“The EU’s push for tougher deportation laws reflects a broader trend toward stricter migration controls across Europe. For the UK, this could lead to several key challenges:

• Tougher EU deportation rules might push more failed asylum seekers toward the UK, particularly via illegal Channel crossings. Migrants facing deportation from EU nations may attempt to lodge new asylum claims in Britain, taking advantage of a lengthy appeals process, which could take years to resolve. Fresh claims being filed takes time to review, by which time the asylum seekers rely on established life and ties to the UK.
• The UK would need to review its policies to facilitate the deportation of asylum seekers previously removed from the EU and establish faster deportation processes.
• If migrants arriving in the UK include individuals with criminal backgrounds, the justice system could face additional strain, potentially increasing crime rates and public spending on law enforcement and incarceration. Further pressure would be placed upon already strained infrastructure such as the NHS, the justice system and housing – all of which are already at a breaking point.
• The UK may need to negotiate new agreements with the EU to ensure that failed asylum seekers are returned to the European country they transited through, rather than remaining in the UK. This could also lead to closer border security cooperation with EU nations such as France to curb illegal migration. While such cooperation could strengthen UK-EU ties, it would come at a cost.

“While the EU seeks to tighten asylum and appeals processes, the UK must decide whether to align with EU reforms or pursue an independent approach to deportation policies. However, asylum seekers often find loopholes by citing human rights protections and private life arguments – particularly if they have established ties within the UK.

“Last year, the EU was exploring the creation of return hubs —akin to the UK’s former Rwanda scheme. The current UK government terminated the Rwanda scheme in July 2024, deeming this ineffective (after all the money spent and legal challenges faced). Instead, my view is that the UK will continue to focus on managing asylum, looking at fast-tracking deportations and tightening borders.

“I do not see Keir Starmer revisiting the Rwanda scheme unless the EU reforms are implemented successfully.”

Angela’s comments were published in The Daily Express, 06 February 2025 and 05 March 2025.