Migration: Settlement Pathway

Kieran Mullan Excerpts

Thursday 20th November 2025 Commons Chamber

[Shabana Mahmood]

My hon. Friend is absolutely right: this is an open, tolerant and generous country. What I have acknowledged in the reforms I have set out, both today and on Monday, is that there is a condition to unlocking the full extent of that openness, tolerance and generosity. It is about having order and control at our borders and a fair, managed asylum and immigration system where the principles of fairness and contribution are at its heart. That is the way we can prove to the public that it is possible not just to have an asylum system, but one they can be proud of.

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

I am not sure it helps the Home Secretary’s cause for me to say that I have a great deal of respect for her and that I thought her interventions this week were very important, particularly those pointed towards members of her party on the left who will make the cause they choose to champion more difficult if the system as a whole is not brought under control. The people who support asylum and refugee processes and want them to be there in future need the system to be brought under control.

My sincere question relates to what I would describe as tinkering around the edges of the human rights laws. The Home Secretary must know that whatever she does to clarify the fringes of the rulings the ECHR has made over the years, they have created a case law that forces our judges to rule in favour of spurious claims. She cannot change that; those rulings are those rulings. Unless we are willing at the very least to have a derogation from some elements of the Court’s decisions, how does she think we can override those well-established rulings which give enormous amounts of rights to people when they are making their asylum claims?

[Shabana Mahmood]

The hon. Gentleman and I have an obvious point of difference on the European convention on human rights. This Government will not be leaving that European convention. We do not see the case for derogation or any other measures. We believe it is possible to achieve the reforms we need by legislating for the way that article 8 applies to immigration cases, by defining family life and by more tightly drawing up what is known as the public interest test. We will debate that legislation in this House in great detail, but I hope to show to everyone who is currently a sceptic of our ability to stay in the ECHR and get control of our migration system that it is possible to do both those things. The convention—the Human Rights Act brought the rights into our domestic legislation—is an important international treaty and we do not see any reason to leave it or derogate from it. I hope that Opposition Members will engage in good faith on the changes we seek to make to article 8, and the immigration rules in particular, because we think that is one of the best changes we can make to get control of our migration system.