An appeal is now set to take place at the Supreme Court this autumn to decide whether the policy is legal, although it remains to be seen whether it will be possible to overturn last month’s ruling.
Despite reports of growing pressure from senior Tories to leave the treaty, the government’s official position on the UK’s ECHR membership remains the same. However, after the government’s Illegal Migration Act, ministers will now have the power in the future to ignore any injunctions from the court.Despite the government’s official standpoint, immigration minister Robert Jenrick said on Wednesday: “We’ll do whatever is necessary ultimately, to defend our borders and to bring order to the asylum system.
As it stands, Home Secretary Suella Braverman is the only Cabinet minister to have publicly backed calls to leave the ECHR.