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Written question asked by Baroness Anelay of St Johns (Conservative) on Tuesday, 21 July 2026, in the House of Lords. It was due for an answer on Tuesday, 4 August 2026. It was answered by Lord Hanson of Flint (Labour) on Monday, 27 July 2026 on behalf of the Home Office.

Undocumented Migrants: Deportation

Question

To ask His Majesty's Government what assessment they have made of the effect of Article 3 of the European Convention on Human Rights on the deportation of illegal immigrants.

Answer

Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment or punishment is an absolute right and cannot be balanced against the public interest.

Over time, the interpretation of “inhuman or degrading treatment or punishment” has been expanded. We have seen that Article 3 can create a barrier to return - including in medical cases, extradition and foreign national offenders excluded from protection.

In line with The Chisinau Political Declaration, adopted by consensus by the Council of Europe, the Government will ensure that Article 3 must remain tightly applied, with a high threshold.

Secondary information

Type
Written question
Reference
HL2376
Session
2026-27
Subjects
Deportation European Convention on Human Rights Undocumented migrants
Link
View this Written question on www.parliament.uk