The House of Commons Library has released a detailed research briefing exploring how the European Convention on Human Rights (ECHR) shapes immigration decisions and appeals across

the UK. The 28-page report—available to download or read online—traces the Convention’s origins, its incorporation into UK law, and the pivotal role two of its provisions, Articles 3 and 8, play in immigration control and enforcement.

Under the Human Rights Act 1998, the ECHR became enforceable in domestic courts, enabling individuals challenging immigration outcomes—such as visa refusals or deportation orders—to argue that their human rights are at risk.

A substantial portion of the briefing examines how jurisprudence from both Strasbourg and UK courts has evolved around Articles 3 and 8. Article 3 prohibits torture and inhuman or degrading treatment, forming a crucial safeguard in removal cases where return could expose an individual to such harm. Article 8, which protects family and private life, frequently features in appeals where removal would cause disproportionate disruption to personal or family relationships in the UK.

The briefing outlines how these rights are embedded in the UK’s immigration rules and how tribunals conduct the often complex “balancing exercise” required under Article 8—weighing family ties, length of residence, and any criminal history against the public interest in maintaining effective immigration controls.

Statistics cited in the report show that between 2015 and 2024, around 61,000 appeals relying on ECHR grounds were upheld in the First-tier Tribunal, a success rate of roughly 53%. By contrast, ECHR-based challenges in deportation cases involving foreign national offenders succeeded in just 3% of cases between 2015 and 2021.

The research note also surveys recent and proposed government efforts to curb the influence of the Convention in immigration matters. The Government’s May 2025 immigration White Paper pledged legislation to refine how Article 8 operates, including plans to strengthen the public-interest test, standardise its application across immigration categories, and set clearer parameters for “exceptional circumstances” claims. Both the Conservatives and Reform UK have reiterated their intention to withdraw from the ECHR. Photo by DoD photo by Erin A. Kirk-Cuomo (Released), Wikimedia commons.