Home Secretary Shabana Mahmood unveils measures to crack down on immigration human rights claims - but even her own analysis says they'll just be ignored

By DAVID BARRETT, HOME AFFAIRS EDITOR Published: 20:20, 30 June 2026 | Updated: 20:23, 30 June 2026 Illegal immigrants who start relationships or have children in Britain will no longer be able to dodge deportation using human rights laws, under measures unveiled by Shabana Mahmood. New legislation published by Labour will seek to restrict abuse of the ‘right to family and private life’ under Article 8 of the European Convention on Human Rights (ECHR). It sets out that ‘no weight’ should be given to a private or family life claim if the applicant does not have permission to be in the UK, or obtained it ‘by deception’. Any foreign nationals who are in ‘serious breach’ of conditions imposed on them by the Home Office would also be excluded from making Article 8 claims. In a further move designed to address long-standing abuse of Article 8, foreign nationals who remain eligible to bring a ‘family life’ claim will have to show they are living with their spouse or children. The legislation says claims should be limited to those in a ‘core cohabiting family’. The Conservatives dismissed Home Secretary Shabana Mahmood’s package of reforms as ‘minor tweaks’ which had been ‘tried before and did not work’. Shabana Mahmood has published her new immigration Bill Even the Home Office’s own official analysis of the Bill said a majority of people refused under the Article 8 reforms will just stay in Britain anyway. It estimated there would be an ‘estimated 11,700 additional refusals’ due to the impact of Ms Mahmood’s reforms. But it added: ‘Migrants already in the UK who are refused an Article 8 claim may not necessarily leave the UK and could remain without lawful status.’ The new Immigration and Asylum Bill contains a number of measures to limit use of human rights laws by illegal migrants, including those who arrive in the UK by small boat Based on data from 2022, the document said: ‘It is estimated that around 55 per cent may not leave the UK following refusal.’ The proposed new laws contain a range of potential loopholes which could be exploited by asylum seekers, foreign criminals and visa overstayers. For example, the Bill says the new requirements to be living with family members will only ‘normally’ apply, and sets out how there may be exceptions. It also says individuals who claim they have a ‘genuine and subsisting’ parental relationship may be able to argue they should not be deported. Ms Mahmood’s reforms will also seek to prevent foreign nationals making last-minute legal challenges when they are facing deportation. They will have to submit all their legal challenges at an early stage. If any further claims are made at the last minute they will be ‘super fast-tracked’ by a new body set up to replace the lower immigration tribunal. The new Independent Immigration Appeals Authority will see cases decided by trained volunteer members of the public, similar to magistrates. Shadow Home Secretary Chris Philp said: ‘These changes are minor tweaks which will make no difference whatsoever in practice. ‘Fine-tuning Article 8 and modem slavery laws was tried before and did not work. Shadow Home Secretary Chris Philp said Labour's proposals were just 'minor tweaks' ‘The only way to end illegal immigration is to pull out of the ECHR and modern slavery treaty entirely, which will enable all illegal immigrants to be deported within a week of arrival. ‘Only the Conservatives have a properly thought out plan to do that. ‘These gimmicks from Labour will not move the needle and are simply performative - just like their previous absurd claim to smash the gangs.’ In a series of other measures from the Bill, organisations and community groups will be able to sponsor thousands of asylum seekers to come to Britain, with the United Nations refugee agency helping to determine who is selected. Another new ‘safe and legal routes’ for refugees will see universities directly sponsoring refugees to come here as students from autumn next year. Asylum seekers will be required to pay back £10,000 of what the taxpayer spends on supporting them, potentially with cash deducted from their pay cheques in monthly instalments once they get a job, similar to a student loan; Mubeen Bhutta of the British Red Cross said the Government’s reforms would ‘make it harder for refugee families to be together’. The comments below have not been moderated. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. By posting your comment you agree to our house rules. Do you want to automatically post your MailOnline comments to your Facebook Timeline? Your comment will be posted to MailOnline as usual. Do you want to automatically post your MailOnline comments to your Facebook Timeline? Your comment will be posted to MailOnline as usual We will automatically post your comment and a link to the news story to your Facebook timeline at the same time it is posted on MailOnline. 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