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Politics
01 October 2025

Starmer Calls For Rethink On UK Asylum Law Amid Migration Surge

The prime minister urges a new approach to international law interpretation as Labour targets migration, cost of living, and education reform after a heated party conference.

On October 1, 2025, Prime Minister Sir Keir Starmer set out an ambitious and controversial agenda to reshape how the United Kingdom interprets international law in asylum and immigration cases, signaling a significant shift in approach as the country grapples with the realities of mass migration. His remarks, delivered in a series of interviews with the BBC and other outlets, come at a pivotal moment for Labour and the country, with migration, leadership, and economic pressures all converging in the national debate.

Starmer was unequivocal in stating that he does not wish to "tear down" the core tenets of human rights law, but he argued that the interpretation of certain provisions—especially Article 3 of the European Convention on Human Rights (ECHR), which protects against torture and degrading treatment—needs to be reconsidered. "We need to look again at the interpretation of some of these provisions, not tear them down," Starmer told the BBC, emphasizing that the law must be applied to reflect the circumstances of today, not those of the past.

His comments followed a speech by Home Secretary Shabana Mahmood at the Labour Party Conference, where she outlined plans to tighten rules for migrants seeking indefinite leave to remain. Under the proposed changes, migrants would need to demonstrate their contribution to society—such as proficiency in English and maintaining a clean criminal record—to qualify for permanent residency. This reflects a broader push within the government to ensure that immigration policies are both robust and fair, while also responding to public concerns about the pace and scale of migration.

Starmer’s remarks were prompted in part by a high-profile case involving a Brazilian paedophile who successfully blocked deportation from the UK by claiming he would face worse conditions in a Brazilian prison than he would in Britain. The Prime Minister drew a clear distinction between deporting someone to "summary execution" and sending them to a country with different standards of healthcare or prison conditions. He argued that while the UK must continue to offer asylum to those genuinely fleeing persecution, the current legal interpretations can sometimes prevent the removal of individuals who do not meet that threshold.

Pressed for specifics on what is blocking deportations, Starmer cited not only Articles 3 and 8 of the ECHR—which ban torture and protect the right to private and family life—but also international conventions such as the UN Refugee Convention, the Torture Convention, and the Convention on the Rights of the Child. These, he suggested, can collectively create barriers to deportation, even in cases where public sentiment and government policy would otherwise support removal.

However, leading human rights lawyer Shami Chakrabarti offered a different perspective, telling the BBC that cases where deportation is blocked due to inhuman and degrading treatment are "very, very rare." She added, "To say that it's inhuman and degrading because the situation is worse back home than it is in the UK has never been the test that has been employed by the UK courts." Her comments highlight the complexity—and the contentiousness—of the debate over how international law should be applied in practice.

Ministers are already exploring ways to tighten the interpretation of some aspects of the ECHR to crack down on immigration, with the government’s May 2025 immigration white paper promising legislation to "clarify" how the right to a family life under European human rights law should apply in immigration cases. Before becoming foreign secretary, Yvette Cooper instructed officials to review how courts use laws that can halt deportations on torture grounds, reflecting a broader governmental effort to scrutinize and potentially recalibrate the legal framework.

Starmer’s intervention comes against the backdrop of a Labour Party Conference dominated by efforts to confront the rise of Reform UK and its leader, Nigel Farage. In his keynote speech, Starmer cast Farage’s movement as practicing the "politics of grievance" and positioned Labour as the party of "tolerant, decent" patriotism. He stopped short of calling Reform’s deportation proposals "racist" in the speech, but elsewhere vowed to fight racist rhetoric "with everything we have." In an interview with GB News, Starmer referred to the small boats crossing the Channel as "Farage boats," arguing that Farage’s advocacy for Brexit had rendered the Dublin Regulation—which previously allowed the UK to return failed asylum seekers to other EU countries—invalid. That scheme ended with Brexit in January 2021, fundamentally altering the UK’s ability to manage cross-border migration with its European neighbors.

Starmer also faced internal challenges during the conference, notably from Greater Manchester Mayor Andy Burnham, who revealed that Labour MPs had asked him over the summer to return to Westminster and take over as prime minister. Starmer, however, brushed off the leadership speculation, saying he had "been underestimated every time" he had taken on a senior role and that he was "proud to be prime minister, getting on with that work." He told the BBC, "I didn't come into politics as some sort of popularity contest. I came in with one focus, which is changing my country for the better."

Beyond immigration and leadership, Starmer addressed a range of pressing domestic issues. He described it as "wrong" that thousands of young people remain out of work due to mental health problems. "I'm not saying you don't and shouldn't have benefits for mental health issues but I do think we need to examine this quite carefully," he said, warning that being on benefits in one’s 20s can make it "extremely difficult to get off benefits for the rest of your life."

On the economic front, Starmer reaffirmed his commitment to "getting bills down for those at home and for businesses," a timely pledge as energy costs rose by 2% from October 1 for millions in England, Wales, and Scotland, following Ofgem’s latest price cap. Asked about soaring food prices, Starmer pointed to the recently published UK-EU SPS Agreement—covering sanitary and phytosanitary rules for food and animals—which he said should soon lead to a reduction in food costs.

Education also featured prominently in Starmer’s vision for the country’s future. In an interview with the BBC’s Chris Mason, he suggested that some university graduates "might have been better off" completing an apprenticeship. He called for "gold standard" apprenticeships to be "equally regarded, equally respected" as university degrees. In his conference speech, he set a new ambition: two-thirds of young people should go to university or pursue a technical qualification after leaving school, a shift from the previous Labour target—set by Tony Blair in 1999—of 50% university attendance, which Starmer now considers outdated.

As the Labour conference drew to a close, the party’s stance on migration, the economy, and education appeared set to define the coming months of political debate. Starmer’s call to revisit how the UK interprets international law in the face of mass migration is likely to spark fierce discussion—both within Westminster and across the country—about the balance between compassion, security, and the rule of law.

With the government preparing to legislate on these issues and public sentiment running high, the coming months will test whether Starmer’s vision can unite a divided nation and deliver the change he has promised.