How International laws have prevented deportation of failed asylum seekers

According to figures from the Home Office, around 33,000 people, including asylum seekers, have crossed the Channel in boats since January 2025, and over 50,000 since Sir Keir's Labour came to power in July 2024.

The prime minister said he was willing to review articles 3 and 8 of the European Convention on Human Rights, which prohibit torture and inhuman or degrading treatment or punishment.

"I believe in those instruments, I believe in the rule of law, and I think they matter, but all international instruments have to be applied in the circumstances as they are now."

Lamenting his frustration at the situation, Sir Keir said the UK has seen a high rate of migration, such as has not been seen in previous years, hence the need to review how the law is used.

What do international laws say?

Whether or not an asylum seeker's application has been approved, the UK is obligated to protect rights from torture, life degradation and any atrocities committed against the applicant.

In the prime minister's words, the reason for the review is to prevent the laws from blocking the deportation of unsuccessful asylum seekers because they suffer loss of rights to a good prison system or healthcare.

Kier Starmer’s deportation challenge

According to his argument, "those genuinely fleeing persecution should be afforded asylum and that is a compassionate act", but he believes there is a difference between a migrant being deported to summary execution (death sentence without fair trial) and one deported to a country with a lesser quality of healthcare.

Prior to leaving the EU in January 2021, the UK could deport people who attempted to claim asylum into EU member states, with consideration of irregular entry and family reunion, but the exit has left the UK bound by international laws.

In 2023, the Rishi Sunak-led government argued that asylum seekers were refugees whose lives would be at risk if deported and decided to focus on sending rejected migrants to developing countries willing to accept them, such as Rwanda.

After the UK's Supreme Court ruled the agreement with Rwanda as unlawful, the government under the current leadership has not deported asylum seekers unless countries are willing to take them, leaving them in the UK indefinitely, but receiving financial support and accommodation.

Asylum claim in the UK explained

When refugees and migrants arrive at the United Kingdom via the Channel, which is a narrow extension of the Atlantic Ocean (which separates the English South Coast from the Northern French Coast) and connects the North Sea at the Strait of Dover, they are picked up by local authorities for processing.

According to international law, migrants will be allowed to lodge a claim to asylum under the United Nations' 1951 Refugee Convention and 1967 Protocol, irrespective of where they were intercepted.

The asylum application is then vetted for merit grounds for a period that spans months, during which the UK is obligated to provide good and shelter for the individuals until a decision is reached.

With the Rwandan deal off the table, a one-in-one-out agreement with France has been criticised for ineffectiveness, considering the large influx of migrants so far.

The highest number of single-day deportations by Sir Keir's government included a Sudanese, an Afghan, and a failed Somalian asylum seeker, who were all returned to France.

Former Prime Minister Boris Johnson has urged Keir Starmer to re-enact the Rwanda deportation agreement to fix the illegal migration through the Channel.

He also stressed the need for the UK to leave the European Convention on Human Rights.

"We should do the Rwanda scheme. That is the way to fix the illegal cross-channel migration."

"They should be getting out of the ECHR; that actually doesn't make much difference to the small boats problem," Boris said.