Re: I have said it before, I will say it again
There's no general prohibition in our Human Rights Act on the deportation of foreign nationals. If the Government decides that a citizen from another country, with limited ties to the UK, should no longer be allowed to stay and can safely be sent back, nothing in our HRA prevents this. However, under international human rights law, the absolute prohibition on torture does prevent countries from sending people anywhere where they will be tortured. But this is entirely logical. If we abhor torture, we must also abhor its outsourcing. If governments were only prohibited from torturing their own citizens, but permitted to send people to places of torture, there'd be little distinction between deportation and extraordinary rendition. Even before the introduction of our HRA, the European Convention on Human Rights and the International Convention on Civil and Political Rights prevented the UK from deporting people to places of torture.
Depending on the facts, a person’s right to a family life, as protected by Article 8, may also be interfered with in some cases if deported. But Article 8 is a qualified right, and can be overruled. As such, Home Office policy considers all the facts, including the reason for the deportation (i.e. whether a serious offence has been committed); the length of time the person has been in the UK; and whether the person has, for example, young children born in the UK, or a British spouse. This is the type of balancing exercise the Home Office would carry out regardless of our Human Rights Act, but it has provided greater transparency, accountability and oversight of Home Office decisions.
While the Home Secretary, Theresa May, has claimed that 'thousands' of people use Article 8 to stay in Britain every year, the number of deportations prevented is actually very small. In 2011, for example, 1,888 appeals were made against such deportation - only 185 of those were allowed on Article 8 grounds (less than 10 per cent of total appeals, and less than 5 per cent of total deportations).
Stop reading the Daily Mail.
https://www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act/human-rights-act-mythbuster