Rishi Sunak is preparing to withdraw UK from the European Convention on Human Rights

Rishi Sunak could take the UK out of the European Convention on Human Rights (ECHR) if the government’s plans to curb illegal migration are found to be unlawful.

It comes as official estimates suggest 65,000 migrants are expected to arrive in the UK this year compared to the 45,000 who claimed asylum in 2022.

Suella Braverman, the home secretary, is said to have drawn up plans to curb illegal migration that would push the “boundaries” of international law, including removing the right of migrants to appeal their exclusion from the asylum system.

However, if the European Court of Human Rights in Strasbourg rules that Ms Braverman’s new legislation is unlawful, Mr Sunak is open to withdrawing from the ECHR, according to the Sunday Times.

A source close to Mr Sunak told the paper: “The PM has been clear he wants to introduce legislation that meets our international obligations. This bill will go as far as possible within international law. We are pushing the boundaries of what is legally possible, while staying within the ECHR.

“But if this legislation gets onto the statute book and is found to be lawful by our domestic courts, but it is still being held up in Strasbourg, then we know the problem is not our legislation or our courts.”