The British Court of Appeal has ruled against the UK Government, declaring its policy to deport migrants to Rwanda is illegal.
In a divided decision, the Court found in favour of campaigners and the Asylum Aid charity that were challenging the position.
By a majority of two to one, Court of Appeal judges concluded that Rwanda is not a safe country and thus they deemed sending migrants to the East African nation was unlawful. The decision is seen by observers as a blow to the Conservative Government.
The Rwanda plan was presented as a landmark solution for the UK’s migrant situation. That was off the back of the fact that the country exited the European Union in part to implement its own, more strict migration policies.
However, Appeal Court heads Sir Geoffrey Vos, the Master of the Rolls, and Lord Justice Underhill both held the view that the UK policy was illegal. Lord Chief Justice Lord Burnett of Maldon was the dissenting voice in siding with the government, declaring Rwanda to be a safe destination.
The verdict came after a four-day hearing in April, challenging a previous High Court ruling from December. The High Court deemed it lawful to transfer certain asylum-seekers, including those arriving illegally by boat from France, to Rwanda for processing their claims rather than that happening within the UK.
The Appeal Court, however, concluded that the Rwandan asylum system had significant shortcomings, posing a genuine danger of forcing individuals to return to their home countries where they were at risk of persecution, despite having valid grounds for seeking refuge in the UK.
According to the court, Rwanda is not a safe so-called third country, despite assurances and promises to the contrary coming from the authorities in the capital, Kigali.
UK Prime Minister, Rishi Sunak, said the government will seek permission to question the decision at the British Supreme Court. He has until July 6 to submit a written appeal against the latest ruling.
“While I respect the [Appeal] Court, I fundamentally disagree with their conclusions,” Sunak said. “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.”
He added: “The policy of this government is very simple: it is this country – and your government – who should decide who comes here, not criminal gangs. And I will do whatever is necessary to make that happen.”
The UK Home Secretary, Suella Braverman, said she was “disappointed” by the latest ruling, adding: “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.”
'The problem is out of control – the system is rigged against the British people and that’s why we’re doing everything within our power to change it.'
Home Secretary Suella Braverman reacts to the 'unlawful' ruling of the Rwanda policy at the Court of Appeal. pic.twitter.com/2B8qsMdIfI
— GB News (@GBNEWS) June 29, 2023
The UK charity Freedom from Torture, which was involved in the previous High Court case, said of the Appeal Court ruling: “We are delighted that the appeal verdict has affirmed what the caring people of this country already knew: the UK Government’s ‘cash for humans’ deal with Rwanda is not only deeply immoral, it flies in the face of the laws of this country.”
The UK Labour Party claimed the government’s policy in light of small boats packed with migrants crossing the English Channel was now “completely unravelling”. The Shadow Home Secretary, Yvette Cooper, said the Rwanda scheme was “unworkable, unethical and extortionate”.
Rwandan government spokesperson, Yolande Makolo, said of the Appeal Court’s stance: “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.
“Rwanda is one of the safest countries in the world and we have been recognised by the UNHCR [United Nations High Commissioner for Refugees] and other international institutions for our exemplary treatment of refugees,” he insisted.
COMMENT ON UK COURT RULING ON THE UK-RWANDA MIGRATION AND ECONOMIC DEVELOPMENT PARTNERSHIP. pic.twitter.com/zIoZFUaVVK
— Rwanda Government Communications (@RwandaOGS) June 29, 2023
