Kemi Badenoch unleashed a furious rant at Keir Starmer (Image: DX)
Kemi Badenoch has told Keir Starmer to put Britain’s “national interests” first instead of kowtowing to the ECHR.
The Tory leader unleashed a blistering attack over a “crazy” court ruling that a family of Gaza refugees must be allowed into the UK despite applying through a scheme for Ukrainians.
Her remarks have intensified demands for her to commit to pulling the UK out of the European Convention on Human Rights if the return to power.
Critics have warned the decision by the immigration tribunal could open the floodgates to anyone in a conflict zone applying for asylum.
Sir Keir said the decision was “wrong” and that the Government was looking at changing the law.
Don’t miss…
Keir Starmer (Image: PA)
The family-of-six – comprising a mother and father and their four children who were aged 18, 17, eight and seven in September – were displaced when their home in the Gaza Strip was destroyed by an air strike in the -Hamas war.
They applied for entry to the UK using the Family Scheme to join the father’s brother, who has lived in the UK since 2007 and is a British citizen, but this was refused in May last year after the Home Office concluded the requirements of the scheme had not been met.
The family, who have been granted anonymity, had an appeal against the decision dismissed by a first-tier immigration tribunal judge in September.
A further appeal has been allowed by upper tribunal judges on the grounds of Article 8 of the ECHR after a hearing in January.
At PMQs, Mrs Badenoch demanded to know whether the Government was planning to appeal.
“This is not what the scheme was designed to do. This decision is completely wrong,” she said.
Sir Keir said the Home Office is looking at the “legal loophole”.
“I do not agree with the decision… It should be Parliament that makes the rules,” he said.
The Tory leader also demanded a new law to curb the European Convention of Human Rights, which is allowing many foreign criminals to stay in the UK with outrageous claims.
One recent example included a man allowed to stay here because his son may not like foreign chicken nuggets as much.
Ms Badenoch fumed: “The Prime Minister literally wrote a book on the ECHR. This is a situation where we need to put our national interests before the ECHR.”
Sir Keir added: “She asked me if we’re going to change the law and close the loophole in question one, I said yes. She asked me again in question two, and I said yes. She asked me again in question three, it’s still yes.”
Robert Jenrick, the Shadow Justice Secretary, told the Daily Express: “This decision potentially allows anyone in any conflict zone anywhere in the world to join any family member already in the UK.
“It effectively removes the right of the British Government to have an immigration policy.
“It’s an outrageous example of judicial overreach.
“The Government must appeal this decision and challenge this new, expansionist interpretation of Article 8 of the ECHR.
Former home secretary Suella Braverman (Image: PA)
Don’t miss…
Robert Jenrick (Image: DX)
“But Starmer can’t because his Attorney General is blindly wedded to international law. Hermer is Jeremy Corbyn in a barrister’s wig, and if Starmer has any backbone he’ll purge him the same way. Starmer can either put the interests of the country first, or stand by his mate and donor.”
Mrs Badenoch has so far resisted calls to leave the ECHR, despite saying she would review all immigration policies. She criticised Mr Jenrick, her Tory leadership rival last summer for promising to leave the convention.
But she is under pressure from senior to form strict migration policies to win back voters from Reform UK. Former Secretary Steve Barclay has said the UK cannot fully stop illegal Channel crossings unless it quits the Strasbourg court.
Former Home Secretary Suella Braverman said Britain must leave the convention.
In a social media post on X/formerly Twitter she said: “This is a terrible judgement that will have dire consequences.
“We have outsourced control of our borders to a foreign court, and it must end,” she said. “We need to leave the ECHR, scrap the HRA and take back control of our laws and borders.”
Judge Hugo Norton-Taylor said in his judgment: “We conclude that the respondent’s (Home Office’s) refusal of the collective human rights claim does not, on the particular facts of these cases, strike a fair balance between the appellants’ interests and those of the public.
“On a cumulative basis, the weight we attach to the considerations weighing on the appellants’ side of the scales demonstrates a very strong claim indeed. Put another way, there are very compelling or exceptional circumstances.
“Accordingly, the appellants’ appeals are allowed.”