David Cameron has caved in to a Tory rebellion seeking to block foreign criminals appealing deportation by claiming a right to a "family life" in the UK.
The Prime Minister has ordered Conservative ministers to abstain in a key vote on an amendment to the immigration Bill tabled by Tory MP Dominic Raab which would give the Home Secretary - rather than judges - the final say over whether deportation would breach the human rights of foreign criminals.
More than 200 foreign criminals successfully challenge deportation on human rights grounds every year, with around 90% relying on the "right to private and family life" set out under Article 8 of the European Convention on Human Rights.
Foreign criminals who can prove they face torture, ill-treatment or death in their home country would still be able to overturn deportation orders under separate human rights measures.
David Cameron wants to avoid a confrontation with his own backbenchers Downing Street said Mr Cameron had "a very great deal of sympathy" with Mr Raab's intentions but feared that his proposals might not be workable, as they could trigger a large number of appeals to the courts.
The PM's decision splits the Coalition on the issue, as Liberal Democrat ministers have been told to vote against Mr Raab's amendment later in the House of Commons on the grounds that it is illegal.
The right to family life is deemed by the courts to be a basic human right, which is why some people have not been deported.
Mr Raab told the Commons human rights had become "dirty words" and warned foreign criminals were using their right to a family life as the "joker" to escape deportation.
He said victims of crime wanted foreign criminals deported and argued his amendment would stop "serious offenders" from using Article 8 "as the joker to wheel, pull out, trump deportation".
"Unless there is a tangible threat to life or limb, these convicted killers, rapists, drug-dealers and other very serious criminals should be sent home. They should not stay on the streets of Britain," he said.
Joey Jones, Sky's Deputy Political Editor, said: "It is a fairly extraordinary state of affairs.
"Normally, the Government would go through the usual tactics - the arm-twisting, the persuasion, maybe some tweaks to the language themselves laying down government amendments.
"But the fact that they have been utterly unable to do that illustrates that they are in a very considerable mess and they are backing away from a confrontation at the moment, and hoping they can muddle through in the Lords.
Home Secretary Theresa May addressing MPs during the debate "What the Prime Minister is saying, is that he feels that he doesn't want to vote against an amendment whose values - the deportation of foreign criminals - he is basically in line with and feels them to be his own values.
"But he can't vote for it because it is non-compliant with the ministerial code, it breaks the law, basically.
"If they have another go and try and find a new formulation later and a new amendment in the Lords, I'm not certain that Dominic Raab and his colleagues are going to accept that, so it may just be forestalling the confrontation."
The Esher and Walton MP's proposal is supported by more than 100 MPs, including Nick de Bois, who told Sky News the PM's decision showed his "instincts were to get behind" the amendment.
It is not yet known how Labour plans to vote on Mr Raab's amendment, which has been selected by the Speaker and will be voted on.
Meanwhile, Up to 70 Tory backbenchers are expected to support an amendment tabled by Nigel Mills MP, calling on the Government to reinstate restrictions on migrants from Romania and Bulgaria working in Britain until the end of 2018.
Home Secretary Theresa May has tried to appease potential rebels by unveiling proposals that would mean terror suspects can be stripped of British citizenship even if it leaves them stateless.
Addressing MPs earlier, she said Mr Raab's amendment "would not strengthen" the country's ability to deport foreign criminal, "but could weaken" it.
"I have received advice this is incompatible with the European Convention on Human Rights. But I think there are other aspects of this I have concern with," she added.
:: Watch Sky News live on television, on Sky channel 501, Virgin Media channel 602, Freeview channel 82 and Freesat channel 202.
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