Nigel Farage has criticised Britain's asylum system, claiming that "something's very wrong" when approximately one-third of applications are approved under "exceptional circumstances".Speaking on his show, the GB News host expressed concern about the high proportion of cases being granted asylum through this route.FULL STORY HERE.
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00:00The one thing the newspapers keep reporting on that makes people jolly angry is that about one in three of those who claim asylum are granted asylum under what are called exceptional circumstances.
00:13And you know the stories that have driven people absolutely potty.
00:17You know, for example, a Pakistani man jailed for child sex offences, but he couldn't be deported because there were exceptional circumstances in that this would be unduly harsh on his children and there was a chicken nuggets case.
00:28What's really going on here? It's all to do with Article 8, isn't it, of the ECHR?
00:33Exactly. So thank you for having me on.
00:35So Article 8 of the European Convention on Human Rights guarantees you a right to private and family life.
00:41And so in circumstances where you'd otherwise not have a right to remain in the UK, you can apply to remain based on your Article 8 rights.
00:51And that is applied based on home office guidance and rules.
00:54If it would cause undue hardship to yourself, your family, so your children or your partner.
01:01What about the undue hardship some of these people inflict upon British people?
01:05Well, exactly. And so this is supposed to be applied in exceptional circumstances.
01:10It's become far from exceptional.
01:13And even where so this is.
01:15But it's now a third of cases.
01:17Exactly.
01:18That is an exceptional.
01:18No, it's not.
01:19I mean, exceptional might be one percent, might be two percent, but not 30 percent.
01:23No, exactly.
01:24And that's what's driven the government to seek to clarify the framework where Article 8 is applied.
01:30I don't think that will make much of a difference because the reason it's in the immigration guidance is Theresa May tried that same idea back in 2012.
01:38And so the courts have a very different idea from the Home Office about how these rights should be applied.
01:44We had last night on the programme a former chief immigration minister, officer from Calais, British officer in Calais.
01:51He said one of the points about the ECHR is that even if it appears to be a breach of the treaty, even if there's been a judgment in Strasbourg, that many other European countries simply ignore it.
02:04Is that true?
02:05Yes, I think that's largely true.
02:07I think we, partly because of our legal setup, partly just because of English culture, we dot the I's, we cross the T's.
02:15We apply the ECHR in an expansive way, partly by Operation the Human Rights Act, which a lot of European countries don't.
02:22That doesn't mean that Italy doesn't have its ECHR issues with its own border.