The UK Court of Appeal has declared the government’s plan to deport asylum-seekers to Rwanda as unlawful, delivering a significant blow to the controversial immigration policies that have faced condemnation from humanitarian bodies. The court overturned a previous high court decision that had deemed Rwanda a safe third country for sending refugees.
In a three-judge decision, the court stated, “By a majority, this court allows the appeal on the issue of whether Rwanda is a safe third country. It unanimously dismisses the other grounds.” The British Home Office now has the option to appeal to the Supreme Court.
Under the scheme proposed by the Conservative government, asylum-seekers who were considered to have arrived in the UK illegally would be deported to Rwanda.
The court’s judgment summary indicated that sending asylum-seekers to Rwanda would violate the European Convention on Human Rights (ECHR). However, the ruling clarified that it expressed no opinion on the political merits of the Rwanda policy.
British Home Secretary Suella Braverman has been a prominent advocate of the government’s plan, aiming to crack down on undocumented migrants entering the UK. The program was designed to combat people-smuggling networks and prevent migrants from making perilous sea journeys across the English Channel from France.
Braverman has faced criticism for her rhetoric, previously referring to an “invasion” of migrants. The ruling on Thursday was welcomed by human rights campaigners who had criticized the Rwanda policy as unethical and ineffective.
The number of undocumented people arriving in Europe has surged this year due to conflicts, global inequality, and the climate crisis, exacerbating the migrant crisis across the continent. According to figures from the UN’s refugee agency, over 36,000 individuals crossed the Mediterranean from January to March, nearly double the number during the same period in the previous year.
While the judgment does not deem the policy illegal, the substantial amount of money already given to the Rwandan government has created a significant political embarrassment for Prime Minister Rishi Sunak and his cabinet. The UK has reportedly paid £140 million ($177 million) to Rwanda for the proposal.
The judgment highlighted the risk that individuals sent to Rwanda might be returned to their home countries, where they could face persecution or inhumane treatment despite having legitimate claims for asylum.
Enver Solomon, CEO of the charity Refugee Council, expressed disappointment that the courts had not concluded that the overall policy was unlawful.
The Rwandan government disagreed with the ruling, asserting that Rwanda is one of the safest countries globally. The decision, however, could potentially aid the Conservative Party in terms of campaign strategy, given previous instances where disputes with courts and pan-European bodies have been used as wedge issues. Sunak could use this ruling to solidify his support among right-wing voters and potentially propose leaving the European Court of Human Rights.
Sunak responded to the ruling, stating, “I strongly believe the Rwandan government has provided the assurances necessary to ensure there is no real risk that asylum-seekers relocated under the Rwanda policy would be wrongly returned to third countries – something that the Lord Chief Justice agrees with. Rwanda is a safe country. The High Court agreed. The UNHCR has their own refugee scheme for Libyan refugees in Rwanda. We will now seek permission to appeal this decision to the Supreme Court.”
