Top lawyer tells ‘gutless’ politicians to BREAK ECHR rules as migrant crisis spirals out of control: ‘I shouldn’t recommend this’

Top lawyer tells ‘gutless’ politicians to BREAK ECHR rules as migrant crisis spirals out of control: ‘I shouldn’t recommend this’
David Haigh says break ECHR rules to deal with the migrant crisis
GB NEWS
Ben Chapman

By Ben Chapman


Published: 08/10/2024

- 16:46

Haigh argued that other countries are already contravening these laws

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Human rights lawyer David Haigh has sparked controversy by suggesting on GB News that the UK could break European Court of Human Rights (ECHR) rules to address migration issues.

Haigh argued that other countries are already contravening these laws, stating, "These are laws, we can break them, other countries are breaking them".


GB News star Martin Daubney said British politicians don't have the "guts" to follow their European counterparts.

He cited the recent case of an Albanian migrant who won his appeal to stay in Britain as an example of "failures" in the current system.

The case Haigh referred to involves Ardit Binaj, a 32-year-old Albanian national who recently won the right to remain in the UK under ECHR Article 8.

Binaj, who initially entered Britain illegally in 2014, was arrested for burglary in 2015 and subsequently jailed.

Despite being deported as part of a prisoner transfer agreement, he managed to re-enter the UK within months, flouting his deportation order to reunite with his Lithuanian girlfriend.

David Haigh and an ECHR courtroom

David Haigh wants Britain to break ECHR rules

GB NEWS / GETTY

Binaj's history in the UK is marked by repeated offences and deportation.

After his initial illegal entry in 2014, he was arrested and jailed for 30 months in 2016 for burglary and other offences.

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He was released early and deported to Albania. However, just five months later, in January 2017, Binaj re-entered Britain illegally.

Martin Daubney and David Haigh

David Haigh joined Martin Daubney on GB News

GB NEWS

He deliberately waited until his son was born in September 2020 before applying for the right to stay, believing it would improve his chances.

Binaj's appeal to remain in the UK was granted in March 2023, despite his history of illegal activities.

The judge accepted that separating Binaj from his wife and child would be "unduly harsh", citing his wife's mental health concerns and potential difficulties accessing medical treatment in Albania.

ECHRThe European Court of Human Rights granted Binaj's claim on its second attemptGetty

Notably, Binaj's illegal employment in the UK did not undermine his claim. The Home Office challenged this ruling, but it was upheld by an upper immigration tribunal.

The case has reignited debates about Britain's membership in the ECHR. Former immigration minister Robert Jenrick told The Telegraph that the convention has become "a charter for criminals".

He argued for leaving the ECHR altogether, stating, "Reform of Article 8 is a fantasy".

The issue has become a key point of contention in the Conservative leadership contest, with some candidates advocating for withdrawal from the convention, while others oppose such a move.

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