The British government on Wednesday vowed to persevere with a controversial plan to send migrants to Rwanda, despite the country’s Supreme Court upholding a lower court ruling that it was unlawful and should not go ahead.
In a major setback for British Prime Minister Rishi Sunak, a five-judge panel at the UK’s highest court unanimously sided with an earlier Court of Appeal decision that the policy was incompatible with Britain’s international obligations.
In a 56-page ruling, the judges agreed that Rwanda was not a safe third country and there were “substantial grounds” to believe it could forcibly return asylum seekers and refugees to places where they could face persecution.
Photo: AFP
However, within hours of the long-awaited judgment, the British government said it would press ahead with finalizing a “new treaty” with Rwanda to address those concerns.
Sunak also said he would introduce “emergency legislation” to parliament to designate Rwanda a safe country to end the “merry-go-round” of legal challenges.
“I will not allow a foreign court to block these flights,” Sunak told reporters, adding that he hoped the first deportees would be sent “as planned in the spring” next year.
Sunak said that if the European Court of Human Rights (ECHR) “chooses to intervene against the express wishes of parliament, I am prepared to do what is necessary to get the flights off.”
Newly appointed British Secretary of State for the Home Department James Cleverly told lawmakers that a new treaty would “make it absolutely clear” to British and European courts that the Rwanda policy “will be consistent with international law.”
It would require Rwanda to make a legal commitment to not deport people to their home countries.
In a call after the ruling, Sunak and Rwandan President Paul Kagame “reiterated their firm commitment to making our migration partnership work,” Downing Street said.
“Both leaders ... agreed to take the necessary steps to ensure this is a robust and lawful policy and to stop the boats as soon as possible,” Sunak’s office added.
The Migration and Economic Development Partnership the UK and Rwanda agreed in April last year envisages sending to Rwanda anyone who has made what London calls “dangerous or illegal journeys” to Britain on boats and hidden in trucks.
The first deportees were aboard a plane to fly to the African country in June last year when a last-minute ECHR injunction prevented any deportations, prompting the legal challenges.
The government insists the scheme is crucial to deter “illegal” immigration across the English Channel from France on inflatable vessels — an emotive issue set to feature prominently in the UK’s next general election.
More than 27,000 have made the perilous journey this year — down on the nearly 46,000 who crossed last year, but still far short of meeting Sunak’s vow to “stop the boats.”
His administration says both regular and irregular immigration must be slashed to ease pressure on government-funded services, such as health and housing asylum seekers.
Britain’s asylum backlog stands at 122,585, after falling 12 percent from a record high in February. Sunak’s government passed legislation in July barring any “illegal” arrivals from claiming asylum, but it relies on finding third countries to send them to. Opponents criticize the choice of Rwanda, while arguing the policy is cruel, costly and difficult to implement.
Despite the pledge to push ahead with its Rwanda plan, there is growing speculation London would now try to strike deals with other countries. Cleverly claimed there was “an appetite for this concept,” and said several other European countries were exploring similar agreements.
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