Immigration and Asylum Bill: Article 8 foreign national offenders
Published 8 October 2026
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What are we doing?
We are reforming how Article 8 ECHR (the right to respect family and private life) is applied in deportation cases.
Article 8 is a qualified right that must be balanced against the public interest, including in the interests of public safety and the prevention of disorder and crime. Our reforms reset the balance between individuals’ rights and the public interest.
The new regime will place a much stronger focus on public protection.
Why are we legislating?
The current tests do not place enough weight on the public interest or require a full public interest test in every case. We are ensuring that proper weight is given to the public interest in these cases by clarifying in legislation that in most cases, the public interest will require deportation of the individual. Strengthening how Article 8 is to be applied in deportation cases will help consistency of decision making and improve public confidence. Alongside the wider appeals reform, the aim is to increase the number and speed of deportations of foreign national offenders (FNOs).
How will the bill achieve this?
The bill will introduce a new framework requiring decision makers and the courts to consider the public interest in every FNO case.
The bill will make clear that deporting foreign criminals is in the public interest and will always be appropriate unless the individual impact is out of all proportion to the public interest.
Key statistics
Between 1 April 2016 and 8 November 2021, of 1,011 FNO deportation appeals allowed on human rights grounds at the First-tier Tribunal, an estimated 70% were allowed solely on Article 8 grounds. [footnote 1]