Judges have ruled that the government’s intention to transfer asylum seekers to Rwanda is illegal.A Court of Appeal lawsuit against the Government’s proposed Rwanda deportation scheme was won by activists and asylum seekers.
In response to legal objections to the contentious government proposals, the Court of Appeal has issued its decision.
A High Court decision that had earlier stated that the country in east Africa may be regarded as a “safe third country” was reversed by three justices.
According to Lord Burnett, the court came to its decision based on the law and “took absolutely no view” as to the political benefits 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.’
Steve Smith MBE, the CEO of refugee charity Care4Calais who brought an earlier legal challenge against the policy, responded with immense relief’.
Speaking after the ruling, he said: ‘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.’
A packed room in the Royal Courts of Justice had awaited the ruling as the clock ticked nearer to 10am.
Today’s decision followed Rishi Sunak’s repeated pledge to ‘stop the boats’ since becoming Prime Minister.
The multimillion-pound proposals were put forward by former Home Secretary Priti Patel, during a time when ministers faced increased pressure to tackle the number of people attempting to reach the UK by crossing the Channel.
In December last year, two judges at the High Court had dismissed a series of legal bids against the Government’s plan to provide asylum seekers with a one-way ticket to Rwanda.
However, Lord Justice Lewis and Mr Justice Swift also gave the go-ahead to several individual asylum seekers and the charity Asylum Aid to challenge their decision.
Today, the Lord Chief Justice Lord Burnett, Sir Geoffrey Vos and Lord Justice Underhill gave their decision on the bid to overturn the previous ruling.
At a hearing in April, lawyers for the group of asylum seekers argued the High Court ‘showed excessive deference’ to the Home Office’s assessment that assurances made by the Rwandan authorities ‘provide a sufficient guarantee to protect relocated asylum seekers’ from a risk of torture or inhuman treatment.
The appeal judges were told that material provided by the Rwandan authorities ‘lacked credibility, consisting of blanket denials and clear contradictions’.
Charity Freedom from Torture, which intervened in the appeal, also argued the speed of the process means there is no ‘adequate opportunity’ to identify torture survivors.
Lawyers for the Home Office opposed the appeal, telling the court the Rwandan government had indicated willingness to work together with the British Government.
The Court of Appeal’s ruling comes days after the Home Office’s own figures showed the Government could spend £169,000 on every asylum seeker forcibly removed to a third country such as Rwanda.
Nearly two in five people would need to be deterred from crossing the Channel in small boats for the the Illegal Migration Bill to break even, the economic impact assessment published on Monday said.
The £169,000 cost includes flights and detention, as well as a £105,000 per person payment to third countries.
However, the sum is an estimate not based on the true cost of the ‘commercially sensitive’ Rwanda scheme.
If passed, the Bill would see the law changed so that people who come to the UK illegally through a safe country are not allowed to stay – instead being detained and removed, either to their home country or a country such as Rwanda.
The first flight to Rwanda was due to take off on Tuesday, June 14, 2022 but was stopped at the last minute.
The Boeing 767-300 – chartered at a cost of £500,000 to taxpayers – was grounded at RAF Boscombe Down, Wiltshire, after a frantic series of last-minute legal challenges.