Skip to main content

BREAKING: High Court Declares UK’s Plan To Deport Asylum Seekers To Rwanda Is Lawful

FILE
December 19, 2022

The court however ruled in favour of eight asylum seekers who were due to be deported, finding the government had acted wrongly in their individual cases.

Lord Justice Lewis, sitting with Mr Justice Swift, of the High Court has declared that the UK Government’s plans to deport asylum seekers to Rwanda are lawful, dismissing the challenges against the policy.

The court however ruled in favour of eight asylum seekers who were due to be deported, finding the government had acted wrongly in their individual cases.

Daily Mail reports that several challenges were brought against the proposals announced by then-home secretary Priti Patel in April, which she described as a 'world-first agreement' with the east African nation in a bid to deter migrants from crossing the Channel.

The first deportation flight - due to take off on June 14 - was then grounded amid a series of objections against individual removals and the policy as a whole. But today, senior judges rejected arguments that the plans to provide one-way tickets to the east African nation were unlawful.

At a five-day hearing in September, lawyers for several asylum seekers - along with the Public and Commercial Services union (PCS) and charities Care4Calais and Detention Action - had argued the plans are unlawful and that Rwanda 'tortures and murders those it considers to be its opponents'.

The Home Office defended the claims, with lawyers arguing the memorandum of understanding agreed between the UK and Rwanda provides assurances that ensure everyone sent there will have a 'safe and effective' refugee status determination procedure.

People deported to Rwanda will be provided with 'adequate accommodation', food, free medical assistance, education, language and professional development training and 'integration programmes', judges were told, as part of plans that have cost at least £120 million.

And in a summary of his ruling, Lord Justice Lewis said on Monday: 'The court has concluded that it is lawful for the Government to make arrangements for relocating asylum seekers to Rwanda and for their asylum claims to be determined in Rwanda rather than in the United Kingdom.

'On the evidence before this court, the Government has made arrangements with the government of Rwanda which are intended to ensure that the asylum claims of people relocated to Rwanda are properly determined in Rwanda.'

However, the judge added: 'However, the Home Secretary must consider properly the circumstances of each individual claimant.

'The Home Secretary must decide if there is anything about each person's particular circumstances which means that his asylum claim should be determined in the United Kingdom or whether there are other reasons why he should not be relocated to Rwanda.

'The Home Secretary has not properly considered the circumstances of the eight individual claimants whose cases we have considered.

'For that reason, the decisions in those cases will be set aside and their cases will be referred back to the Home Secretary for her to consider afresh.'

The news is a boost to Home Secretary Suella Braverman, who said it would be her 'dream' to send a flight of Channel migrants to Rwanda which is her 'ultimate goal' of cutting immigration into the UK to tens of thousands.

But Enver Solomon, CEO of the Refugee Council, said he was 'very disappointed' by the judgment.

'Treating people who are in search of safety like human cargo and shipping them off to another country is a cruel policy that will cause great human suffering,' he said.

Topics
International