No one who enters illegally should be allowed to stay: bar their asylum claims, remove them, and leave the ECHR to make it possible
Anyone who enters Britain illegally should not be allowed to stay. Britain should refuse their claims, remove them, and leave European human-rights law if it stands in the way.
Step 1
People who cross the Channel have already passed through other countries
Almost none who cross could reach Britain without passing through another country first. Since 2022, British law has expected refugees to seek safety in the first safe country. More than two hundred thousand have crossed in small boats since 2018. The Refugee Convention, the United Nations treaty on refugees, forbids sending a refugee back to danger, but does not by itself require Britain to decide every claim.
Step 2
A refusal today rarely ends with the person leaving
Only about half of refused claimants since 2010 are recorded as leaving. Late asylum claims and legal challenges are the commonest obstacles for people held for removal, yet most are eventually refused. The appeals queue is more than fourteen times as long as in 2022, and an appeal takes over a year.
Step 3
Britain should protect refugees it chooses, not whoever reaches a beach
A rule that rewards crossing keeps the boats coming. Australia's boat arrivals fell to almost none after it began turning boats back and barring boat arrivals from ever settling. While most small-boat arrivals who got a decision were granted, Britain can protect refugees through routes it controls.
Step 4
Changing the law inside the ECHR has been tried, and it did not last
After a 2014 law, foreign offenders' human-rights appeal wins fell by three-quarters, then climbed back within three years. Lord Wolfson, advising the Conservative leader, judged that new limits inside the European Convention on Human Rights (ECHR) would probably fail in court, and that leaving is lawful.
While no one has counted how many removals the ECHR blocks, the counts that exist miss danger claims argued inside asylum cases. So they understate it.
Step 5
Voters, not foreign judges, should decide who is removed
Under democratic consent, removal rules belong to a Parliament that voters can sack. While more people have backed staying in the ECHR than leaving since 2016, a majority in one poll backed promptly deporting illegal migrants. The EU could end police cooperation if Britain left, but that would be its own choice, and could be negotiated.
Step 6
Britain should bar the claims, remove those who come, and leave the ECHR
While the Conservatives' promised removals would be about 15 times today's enforced returns, most returns are already voluntary, and far cheaper. Meanwhile asylum support costs around £4 billion a year. A government's first duty is to its own people. It should take back the power to protect them.