High Court upholds legality of UK government’s Rwanda policy

Published by Scott Challinor on December 19th 2022, 12:42pm

The High Court has ruled that the UK government’s Rwanda policy is lawful on the grounds that it does not breach the UN Refugee Convention nor human rights laws.

Welcoming the ruling, home secretary Suella Braverman said: “We have always maintained that this policy is lawful and today the court has upheld this.

“I am committed to making this partnership work - my focus remains on moving ahead with the policy as soon as possible and we stand ready to defend against any further legal challenge.”

First introduced by Braverman’s predecessor, Priti Patel, the Rwanda policy has been held up by legal challenges.

The first deportation flight, which was due to take off on June 14, was stopped just before take-off following interventions by lawyers.

Lawyers acting on behalf of asylum seekers argued the case that the policy was unlawful, as did several human rights charities and the Public and Commercial Services union.

The High Court ruling in favour of the government now comes as a significant step forward in getting the policy off the ground, with Patel calling for the government to “press ahead” with implementing it immediately.

Patel said: “No single policy will stop the Channel crossings, but this important policy will save lives, help break the business model of the criminal gangs and prevent asylum abuse.”

Prime minister Rishi Sunak has also welcomed the High Court’s decision, with his official spokesman saying that the government wanted to “go as quickly as possible” on allowing deportation flights to go ahead, without committing to an exact timeframe.

Refugee charity Care4Calais called the ruling “disappointing”, while the Labour party is also opposed to the “unworkable” and “unethical” plan.

Care4Calais founder Clare Moseley argued that refugees who have “suffered the horrors of war, torture and human rights abuses should not be faced with the immense trauma of deportation to a future where we cannot guarantee their safety.”

Detention Action’s deputy director, James Wilson, said that opponents of the “brutal and harmful” Rwanda policy would “fight on”, adding that campaigners were considering an appeal against the ruling.

Meanwhile, the Rwandan government called the judgement a “positive step in our quest to contribute innovative, long-term solutions to the global migration crisis.”

Yolande Makolo, a spokeswoman for the Rwandan government, said: “We welcome this decision and stand ready to offer asylum seekers and migrants safety and the opportunity to build a new life in Rwanda.”

While the High Court did rule in favour of ministers, judges stipulated that the cases of eight asylum seekers would need to be reviewed.

Any appeals will be addressed at a hearing in January.


Image by Dave Proffer - africa0703-0394a, on Wikimedia Commons 

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Scott Challinor
Business Editor
December 19th 2022, 12:42pm

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