Robert Jenrick resigns as immigration minister over Rwanda in huge blow for Sunak

Rishi Sunak’s premiership has been rocked by the resignation of immigration minister Robert Jenrick, after the PM failed to appease Tory right-wingers with his emergency Rwanda legislation.

Home secretary James Cleverly unveiled a bill in the Commons to “disapply” the UK Human Rights Act in a bid to stop British judges blocking the deportation of asylum seekers.

But the embattled Tory leader could not head off a major revolt by the right of the party – furious that he chose not to opt out of the European Convention on Human Rights (ECHR).

In his scathing resignation letter, Mr Jenrick told Mr Sunak he did not believe the new bill “provides us with the best possible chances of success” in getting the Rwanda flights to take off.

The hardliner made clear he wanted to bypass the ECHR – revealing that he had been “pushing for the strongest possible” bill that would put “national interests above highly contested interpretations of international law”.

Labour said the latest “chaotic chapter” in the saga of Tory infighting showed why it was time for a change of power. The Liberal Democrats said Mr Sunak had lost control of government, as another minister “flees this sinking ship”.

Mr Sunak now faces the near-impossible task of winning votes both from the Tory right who wanted a “full fat” crackdown on the ECHR, and moderate MPs in the ‘One Nation’ group who warn they cannot back legislation that flouts human rights law.

Adding to the PM’s woes, the sacked home secretary Suella Braverman issued a stinging attack on Mr Sunak – warning that he faces “electoral oblivion” if he fails to get Rwanda flights off the ground before the next election.

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The new bill includes provisions to disapply relevant parts of the Human Rights Act so they cannot be factored into court decisions on deportation cases – but does not try to disapply the ECHR.

However, the legislation will ensure UK ministers “retain the decision on whether or not to comply” with interim orders from the European Court of Human Rights – the Strasbourg body that oversees the ECHR.

In yet another headache for Mr Sunak, the Rwandan government immediately responded to the move by warning that it could pull out of the deal – if the UK fails to comply with “the highest standards of international law”.

The African country’s foreign affairs minister Vincent Biruta warned: “Without lawful behaviour by the UK, Rwanda would not be able to continue with the Migration and Economic Development Partnership.”

Mr Sunak defended his plans at a showdown meeting of the 1922 Committee of Tory backbenchers on Wednesday evening – but failed to keep the right-wingers onside.

A source close to Ms Braverman made clear that the bill doesn’t come close to meeting her tests. “It is fatally flawed,” the ally said. “It is a further betrayal of Tory voters.”

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Angry over his failure to act now on the ECHR, some Tory right-wingers submitted letters of no confidence in Mr Sunak on Wednesday, according to ITV.

Dozens of hardliners on the right – including members of the 35-strong New Conservatives, the Common Sense Group and the European Research Group – met again on Wednesday evening to decide if they can vote for the new bill.

The Independent understands many of them are unhappy with the middle way option to disapply the Human Rights Act. One senior MP said there would be “no purpose” to the bill if it fails to thwart ECHR challenges.

But the PM had been warned that he faced an even more damaging rebellion – with the possible resignation of up to 10 moderate ministers – if he used the emergency legislation to bypass the ECHR.

Senior Tory moderate Damian Green, chair of the One Nation group – which boasts support from around 100 MPs – has warned Mr Sunak that he “should think twice before overriding both the ECHR and HRA”.

A spokesman for the One Nation said it welcome the government’s decision to stick with “international commitments” – but is now taking legal advice on whether it can now support the bill.

The front page of the legislation concedes that the government is unable to say whether the bill is compatible with the ECHR – an admission that may make moderates uneasy about voting for it in parliament in the crucial days ahead.

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Nick Vineall KC, chair of the Bar Council, said the bill was still “likely to give rise to legal challenges” over planned deportations – pointing out that it “retains the right of the courts to consider whether Rwanda is a safe country”.

Home Office minister Laura Farris first confirmed that Mr Jenrick had resigned after he failed to turn up in the Commons to support the bill on Wednesday evening. Mr Cleverly then told MPs asking about the shock resignation: “That has been confirmed.”

In another surprise, Ms Braverman made a formal resignation speech in the Commons on Wednesday. She suggested her own previous ‘stop the boats’ legislation should have been scrapped in favour of a “more robust alternative that excluded international and human rights laws”.

The Tory hardliner also attacked “expansive human rights laws flowing” from the ECHR that were stopping the Rwanda flights. Ms Braverman also said it was “no secret” that she supports quitting the ECHR altogether.

Her unusual personal statement to the Commons followed her bitter exit last month. A similar speech by Geoffrey Howe followed his resignation in Commons in 1990, often credited with ending Margaret Thatcher’s political career.

It came as despite the government claiming that the new bill would be “the toughest immigration legislation ever introduced to parliament”, and will “unambiguously exclude the courts from challenging the fact that Rwanda is safe”.

The beleaguered PM insisted that his new legislation would make sure his Rwanda plan “cannot be stopped”. Mr Sunak said: “We are taking action to put a stop to it and make clear once and for all that it is parliament that should decide who comes to this country, not criminal gangs”.

The UK’s top court last month blocked the Rwanda policy over concerns that genuine refugees could be wrongly sent back to their countries of origin where they would face persecution.

In an attempt to rectify this, Mr Cleverly signed a new treaty this week which means British judges will preside over a newly established appeals process within Rwanda’s high court for exceptional cases.