UK government’s Rwanda asylum plan is unlawful, says Court of Appeal
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 prime minister said the government would appeal the judgment to the Supreme Court, and that he “fundamentally disagreed” with the finding that Rwanda was not safe for asylum seekers.
But the process will 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 was told 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 ahead of the final showdown at the UK Supreme Court.
Rwandan government says it ‘takes issue’ with ruling and remains committed to deal
Yolande Makolo, a spokesperson for the government of Rwanda, defended the country’s record accepting people fleeing conflict in neighbouring countries, and recovering from its horrific genocide.
“While this is ultimately a decision for the UK’s judicial system, we do take issue with the ruling that Rwanda is not a safe country for asylum seekers and refugees,” she said.
“Rwanda remains fully committed to making this partnership work. The broken global migration system is failing to protect the vulnerable, and empowering criminal smuggling gangs at an immeasurable human cost. When the migrants do arrive, we will welcome them and provide them with the support they’ll need to build new lives in Rwanda”.
Lizzie Dearden29 June 2023 14:20
Partnership with France over Channel crossings has seen ‘a big improvement’, says official
Downing Street said increased partnership with French authorities over Channel crossings has resulted in “a big improvement” despite figures suggesting nearly 11,000 people have made the journey this year.
“The numbers are still down on where they were in previous years,” the Prime Minister’s official spokesman said.
Just over 11,800 people had made the crossing by June 22 last year.
Asked whether the ruling would thwart Rishi Sunak’s plan to stop the boats, the official said: “Clearly we now need to seek leave to appeal to the Supreme Court. I don’t know the exact time that will take. I think the judges today made clear they would want that to be promptly, as would we. But this is an important element but it is one element of our work.”
Downing Street said that an increased partnership with French authorities had resulted in a ‘big improvement’ in Channel crossings (Gareth Fuller/PA)
(PA Wire)
Holly Evans29 June 2023 14:12
‘Jesus Christ returning as Tory leader’ couldn’t win election, says ex-No 10 adviser
Even the returning Messiah could not win the next general election for Conservative party, according to a former No 10 adviser.
“If Jesus Christ returned to earth today and put the theology aside and becomes leader of the Conservative party – the Conservative party is doomed at the next election,” said Tory pundit Tim Montgomerie.
He told BBC Politics Live that there’s now nothing the Tories an do to turn its “fortunes around” – but will continue to “play the card” of promising to stop the boats.
Holly Evans29 June 2023 13:55
‘Government well aware of crucial deficiencies in Rwanda’s asylum system’, says lawyers
Duncan Lewis Solicitors, which represented seven of the asylum seekers who were due to be on the first flight to Rwanda in June last year, said: “Government officials were well aware of the crucial deficiencies in Rwanda’s asylum system from the inception of this policy.
“The Secretary of State glossed over and failed to properly examine the adequacy of Rwanda’s asylum system. The Secretary of State for the Home Department is not above the law, and today the Court of Appeal has today ruled that these material deficiencies in Rwanda’s asylum system render removals unlawful.”
Holly Evans29 June 2023 13:45
Downing Street ‘can’t put a timetable’ on deportations
Downing Street refused to say whether it still believes any migrants will be sent to Rwanda before the next election.
The Prime Minister’s official spokesman said he “can’t put a timetable on that” amid the long-running legal battle.
“I can’t put a timetable on that I’m afraid. As I’ve said we are seeking leave to appeal so in effect we are still proceeding with a legal process,” he said.
Holly Evans29 June 2023 13:25
Suella Braverman ‘determined’ to stop small boats and will seek permission to appeal ruling
In a statement, Home Secretary Suella Braverman said: “The British people want to stop the boats, and so does this Government.
“That’s what I am determined to deliver and I won’t take a backward step from that. We need innovative solutions to smash the business model of the people smuggling gangs, which is why we formed this partnership with Rwanda.
“The Court of Appeal have been clear that the policy of relocating asylum seekers to a safe third country for the processing of their claims is in line with the Refugee Convention.
“While we are disappointed with their ruling in relation to Rwanda’s asylum system, I will be seeking permission to appeal this.
“I remain fully committed to this policy as does the Rwandan government.”
Home Secretary Suella Braverman shaking hands with Rwandan minister for foreign affairs and international co-operation, Vincent Biruta in Kigali, during her visit to Rwanda.
(PA Wire)
Holly Evans29 June 2023 13:17
Government ‘remain committed’ to Rwanda policy
Downing Street said it will “remain committed” to its Rwanda policy and still believes it is the “right approach” despite the Court of Appeal ruling.
Asked whether Rishi Sunak had yet spoken to Rwandan president Paul Kagame about the decision, the Prime Minister’s official spokesman said: “Obviously the judgment’s only just come in. They have spoken before.
“We remain committed to the Rwandan migration partnership. We remain of the view that it is the right approach.”
Holly Evans29 June 2023 12:56
Downing Street to ‘look carefully’ at issues in Court of Appeal ruling
Downing Street said the Government would “look carefully” at the issues raised in the Court of Appeal judgment.
Asked whether the Rwanda policy could be toughened up to provide further “assurances” that migrants flown to the country would not be sent back home, the Prime Minister’s official spokesman said: “Yes, so obviously this is a very detailed judgment and the Lord Chief Justice dissents with other judges.
“We need to go through that carefully and consider what if anything if is appropriate in our approach. Obviously some of these issues we’d want to put before the Supreme Court should we be given permission to do that. I’m not going to pre-empt that.”
Downing Street have said they will look ‘carefully’ at the issues raised in the Court of Appeal ruling (PA)
(PA Wire)
Holly Evans29 June 2023 12:54
Rwanda deal ‘impractical’ and ‘destructive’, says charity
The Jesuit Refugee Service (JRS) UK also renewed calls for the Government to end plans to send migrants to Rwanda in the wake of the court ruling.
Sarah Teather, JRS UK’s director, said: “Plans to forcibly send men, women and children seeking sanctuary here to Rwanda are inhuman. They are also completely impractical. They are destructive, and mean slamming the door shut on refugees, denying our duty to offer refugees sanctuary.
“We welcome this judgment as we continue to resist this cruel policy in solidarity with refugees.”
Holly Evans29 June 2023 12:48
Refugee charity calls for Government to end small boat crossings by offering safe passages to UK
Responding to the Court of Appeal’s judgement on the Government’s Rwanda policy, Steve Smith MBE, the CEO of refugee charity Care4Calais who brought an earlier legal challenge against the policy, said:
“We have always believed that the Government’s Rwanda policy is cruel, immoral and that it is not a safe country to remove refugees too. We are immensely relieved to hear that the Court of Appeal agrees.
“Survivors of war, torture and human rights abuses have had great pain and torment inflicted on them by our Government threatening them with removal to Rwanda. Amongst the people we are supporting there have been attempted suicides and self-harm due to the fear caused by the Rwanda policy. Now, after all that trauma, judges have ruled that Rwanda is not a safe country.
“After today’s judgement, it’s time the Government abandoned its brutal Rwanda policy and any alternative proposal to shirk the UK’s responsibility for people seeking asylum. Instead, they should offer safe passage to refugees in Calais as the effective and compassionate way to put smugglers out of business, end small boat crossings and save lives.”
Holly Evans29 June 2023 12:40