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The High Court ruled that the Rwanda scheme was lawful, but this was challenged by campaigners and lawyers in the Court of Appeal (Victoria Jones/PA)
(PA Archive)
The Rwanda deal has been ruled unlawful by the Court of Appeal in a new blow to Rishi Sunak’s pledge to “stop the boats”.
The plan to forcibly deport small boat migrants to the African nation has been blocked, with judges concluding it is not a safe country to receive asylum seekers from the UK.
The Court of Appeal had granted an appeal by asylum seekers selected for deportation after the High Court initially ruled in December that the plan was lawful.
The case could be taken onwards to the Supreme Court, but the process would take several more months and threatens the passage of the new Illegal Migration Bill, which aims to see small boat migrants detained and deported without asylum claims being considered.
Backed by the United Nations Refugee Agency, lawyers for the asylum seekers selected for deportation to Rwanda won their appeal on the grounds of its safety, but other arguments were dismissed.
A hearing in April heard that the Home Office had breached several legal duties in deciding that Rwanda was a safe country and that there was a risk they would be denied proper access to asylum.
The outgoing Lord Chief Justice, Lord Burnett, said: “The High Court’s decision that Rwanda is a safe third country is reversed. Unless and until the deficiencies in its asylum processes are corrected, removal of asylum seekers to Rwanda will be unlawful.”
Flights will remain suspended with a showdown expected at the UK Supreme Court.
Judges took ‘no view’ on political merits of Rwanda policy
Lord Burnett said the court reached its conclusion on the law and took “no view whatsoever” about the political merits of the policy.
He added: “The result is that the High Court’s decision that Rwanda was a safe third country is reversed and that unless and until the deficiencies in its asylum processes are corrected removal of asylum-seekers to Rwanda will be unlawful.
“Finally, the Court of Appeal makes clear that its decision implies no view whatever about the political merits or otherwise of the Rwanda policy.
“Those are entirely a matter for the Government, on which the court has nothing to say.
Holly Evans29 June 2023 11:31
Court of Appeal rules Government’s Rwanda policy is unlawful
The Court of Appeal has ruled that the Government’s plans to deport asylum seekers to Rwanda is unlawful. Three judges have overturned a High Court judgement that previously said the African nation could be considered a “safe third country”.
Lord Chief Justice Burnett, who heard the appeal with Sir Geoffrey Vos and Lord Justic Underhill in April, concluded that deficiencies in the asylum system in Rwanda mean there is a “real risk” of asylum seekers being returned to their home country or facing persecution.
Lawyers for some of the individuals selected for deportation had argued that the High Court had showed “excessive deference” to assurances made by the Rwandan authorities that they would “provide a sufficient guarantee to protect relocated asylum-seekers” from a risk of inhumane treatment.
Holly Evans29 June 2023 11:27
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