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It is still illegal as far as the courts are concerned. And unlikely to be anything else while we are holding to ECHR rules, and membership to the UN which hosts the UNHCR.
How the ECHR affects us is with how Convention secures:
the right to life (Article 2)
freedom from torture (Article 3)
freedom from slavery (Article 4)
the right to liberty (Article 5)
the right to a fair trial (Article 6)
the right not to be punished for something that wasn’t against the law at the time (Article 7)
the right to respect for family and private life (Article 8)
freedom of thought, conscience and religion (Article 9)
freedom of expression (Article 10)
freedom of assembly (Article 11)
the right to marry and start a family (Article 12)
the right not to be discriminated against in respect of these rights (Article 14)
the right to protection of property (Protocol 1, Article 1)
the right to education (Protocol 1, Article 2)
the right to participate in free elections (Protocol 1, Article 3)
the abolition of the death penalty (Protocol 13)
Tories have been trying to find an excuse to leave the ECHR since the Brexit vote. I am pretty sure laws like this, are entirely created to start a fight in court. So they can claim ECHR prevents us defending our borders.
It was warned about before the last election. The now infamous page 48 of the 2019 manifesto.
We will update the Human Rights Act and administrative law to ensure that there is a proper balance between the rights of individuals, our vital national security and effective government.
I still haven’t got over the fact they actually named their legislation the Illegal Migration Bill. They’re not even disguising their contempt for the law.
