Suella Braverman: No migrants who cross Channel will be able to claim asylum in the UK

Suella Braverman will on Tuesday pledge to prevent human rights laws "interfering" with the UK's ability to deport illegal migrants by introducing a new law barring anyone who crosses the Channel from claiming asylum in Britain.

The Home Secretary will accuse the European Court of Human Rights in Strasbourg of “mission creep” by “grossly expanding” the remit of the European Convention on Human Rights (ECHR) to include asylum claims which it was never designed to cover.

The issue reached a head this summer with an unknown Strasbourg judge issuing a so-called rule 39 injunction which grounded the first flight to deport asylum seekers to Rwanda, without the UK having any right of appeal.

“The time has come to take control of this situation and make sure the ECHR and its domestic equivalent, the Human Rights Act, cannot interfere with our illegal migration regime,” Ms Braverman writes in an article for The Telegraph to be published on Tuesday.

In a speech on Tuesday to the Conservative party conference, Mrs Braverman will set out the proposals for a bill that will mean anyone entering the UK illegally, including by small boats across the Channel, will be denied refuge.

It will go further than the Nationality and Border Act, introduced by her predecessor Priti Patel which made asylum claims from those travelling through “safe” third countries such as France “inadmissible” but did allow exceptions.

Curb 'abuse' of human rights

In her Telegraph article, Ms Braverman says that there needs to be new legislation that not only curbs the “abuse” of human rights and modern slavery laws that prevent the deportation of illegal migrants and foreign criminals but also makes it easier to remove those who enter the UK illegally.

Noting that such legislation is only possible because of Brexit, she pledges to use it to restore “fairness” to the UK’s asylum system, stop it being abused by criminal gangs and remove the incentive for migrants to make dangerous and illegal Channel crossings.

“Above all, we must ensure that the UK’s policy on illegal immigration cannot be derailed by modern slavery legislation, the Human Rights Act or the Strasbourg Court,” she writes

“We have not got long, but it is imperative that we get a Bill through parliament as soon as possible. These provisions may be controversial but there is no other way of solving the problem.

“I promise to move heaven and earth to get this legislation on the books and to have its provisions enforced before the next election.”

She describes the Channel migrant crisis – with more than 33,000 reaching the UK on small boats so far this year – as one of the toughest problems any government has faced in peacetime.

She admits “turnback” tactics, used by the Australians, will not work in pushing back migrants in the Channel but pledges to use “every tool at our disposal” to stem the flow.

This will include “deeper” cooperation with the French through an agreement to replace the £54 million deal signed more than a year ago, though this will take time to negotiate.

As well as making use of the Nationality and Borders Act to prosecute those who enter the UK illegally, she also commits to looking at new legislative powers so that the Government can deport those who come to the UK illegally.

On Monday, Ms Braverman told Young Conservatives that she intended to fulfil the 2019 manifesto commitment to bring down immigration despite the push for economic growth.

Fewer foreign students

She signalled that the number of foreign students could be reduced by targeting courses and institutions where those graduating were not benefiting the UK economically.

Students account for a large proportion of overall immigration, with numbers up by 60 per cent in a year, from 256,000 to nearly 411,000 in the year to June.

“I do think we get to a point where we have to look at some of the courses that people are doing, some of the institutions that are not always of good quality. It’s legitimate to question if they will satisfy our economic needs,” she said.

Ms Braverman also indicated that she was “interested in looking at” whether there should be pre-charge anonymity for high-profile individuals arrested by police where the publicity could be “very very damaging”.

It follows scandals with public figures including Lord Brittan and former Tory MP Harvey Proctor who were falsely accused of historical sex offences by fantasist Carl Beech.

“The police need to be allowed to carry out their investigations, the Crown Prosecution Service needs to be allowed to carry out their decision-making without pressure from the media but individuals have a right to a fair trial. Trial by media will only undermine our justice system,” she said.