British home secretary Suella Braverman has said she is ‘committed’ to making the plan to send migrants to Rwanda work after the High Court ruled that the policy is lawful (James Manning/PA)
MON, 19 DEC, 2022 -
JESS GLASS, FLORA THOMPSON AND NINA LLOYD, PA
British home secretary Suella Braverman has said she is “committed” to making the plan to send migrants to Rwanda work after the UK High Court ruled that the policy is lawful.
Several challenges were brought against the proposals announced by then-home secretary Priti Patel in April, which she described as a “world-first agreement” with the east African nation in a bid to deter migrants from crossing the Channel.
The first deportation flight – due to take off on June 14 – was then grounded amid a series of objections against individual removals and the policy as a whole.
However, at the High Court in London on Monday, senior judges rejected arguments that the plans to provide one-way tickets to Rwanda were unlawful.
Lord Justice Lewis, sitting with Mr Justice Swift, dismissed the challenges against the policy as a whole, but ruled in favour of eight asylum seekers, finding the British government had acted wrongly in their individual cases.
In a summary of the ruling read out in court, Lord Justice Lewis said: “The court has concluded that it is lawful for the government to make arrangements for relocating asylum seekers to Rwanda and for their asylum claims to be determined in Rwanda rather than in the United Kingdom.”
He added: “The relocation of asylum seekers to Rwanda is consistent with the Refugee Convention and with the statutory and other legal obligations on the government, including the obligations imposed by the Human Rights Act 1998.”
JESS GLASS, FLORA THOMPSON AND NINA LLOYD, PA
British home secretary Suella Braverman has said she is “committed” to making the plan to send migrants to Rwanda work after the UK High Court ruled that the policy is lawful.
Several challenges were brought against the proposals announced by then-home secretary Priti Patel in April, which she described as a “world-first agreement” with the east African nation in a bid to deter migrants from crossing the Channel.
The first deportation flight – due to take off on June 14 – was then grounded amid a series of objections against individual removals and the policy as a whole.
However, at the High Court in London on Monday, senior judges rejected arguments that the plans to provide one-way tickets to Rwanda were unlawful.
Lord Justice Lewis, sitting with Mr Justice Swift, dismissed the challenges against the policy as a whole, but ruled in favour of eight asylum seekers, finding the British government had acted wrongly in their individual cases.
In a summary of the ruling read out in court, Lord Justice Lewis said: “The court has concluded that it is lawful for the government to make arrangements for relocating asylum seekers to Rwanda and for their asylum claims to be determined in Rwanda rather than in the United Kingdom.”
He added: “The relocation of asylum seekers to Rwanda is consistent with the Refugee Convention and with the statutory and other legal obligations on the government, including the obligations imposed by the Human Rights Act 1998.”
Demonstrators outside the Royal Courts of Justice, central London, protesting against the Government’s plan to send some asylum seekers to Rwanda, which the High Court has now ruled as lawful (PA)
However, he said Ms Braverman “has not properly considered” the eight individuals’ cases, which meant the decisions to send them to Rwanda will be quashed and sent back to be reconsidered.
Following the ruling, Ms Braverman said she has “always maintained that this policy is lawful and today the court has upheld this”.
She said: “Our ground-breaking migration partnership with Rwanda will provide individuals relocated with support to build new lives there, while disrupting the business model of people-smuggling gangs putting lives at risk through dangerous and illegal small boat crossings.”
“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,” she added.
Ms Braverman is due to make a statement in the House of Commons later on Monday.
Rishi Sunak welcomed the High Court’s decision, telling broadcasters in Riga: “We’ve always maintained that our Rwanda policy is lawful, and I’m pleased that was confirmed today and this is just one part of our plan to tackle illegal migration.”
Downing Street said the government wants the Rwanda policy to be implemented as soon as possible but that it is impossible to put a timetable on that while the threat of further legal action remained.
The British Prime Minister’s official spokesman was unable to guarantee whether any flights carrying migrants would depart in 2023 but said the government stands ready to defend any further legal challenges.
“We want it to be done as soon as possible. I don’t think, while there is possibility of further legal action, we can put a specific timeframe on it.
“But, as I say, no court has ruled this policy illegal, in fact, quite the opposite, so we will look to push ahead with this as soon as possible,” he said.
Speaking at an event during this year’s Conservative Party conference in October, Ms Braverman said the legal battles in this case could go to the UK Supreme Court or European Court of Human Rights in Strasbourg, and that “unfortunately you have got to let that play out”.
At a five-day hearing in September, lawyers for several asylum seekers – along with the Public and Commercial Services union (PCS) and charities Care4Calais and Detention Action – argued that the plans are unlawful and that Rwanda “tortures and murders those it considers to be its opponents”.
However, he said Ms Braverman “has not properly considered” the eight individuals’ cases, which meant the decisions to send them to Rwanda will be quashed and sent back to be reconsidered.
Following the ruling, Ms Braverman said she has “always maintained that this policy is lawful and today the court has upheld this”.
She said: “Our ground-breaking migration partnership with Rwanda will provide individuals relocated with support to build new lives there, while disrupting the business model of people-smuggling gangs putting lives at risk through dangerous and illegal small boat crossings.”
“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,” she added.
Ms Braverman is due to make a statement in the House of Commons later on Monday.
Rishi Sunak welcomed the High Court’s decision, telling broadcasters in Riga: “We’ve always maintained that our Rwanda policy is lawful, and I’m pleased that was confirmed today and this is just one part of our plan to tackle illegal migration.”
Downing Street said the government wants the Rwanda policy to be implemented as soon as possible but that it is impossible to put a timetable on that while the threat of further legal action remained.
The British Prime Minister’s official spokesman was unable to guarantee whether any flights carrying migrants would depart in 2023 but said the government stands ready to defend any further legal challenges.
“We want it to be done as soon as possible. I don’t think, while there is possibility of further legal action, we can put a specific timeframe on it.
“But, as I say, no court has ruled this policy illegal, in fact, quite the opposite, so we will look to push ahead with this as soon as possible,” he said.
Speaking at an event during this year’s Conservative Party conference in October, Ms Braverman said the legal battles in this case could go to the UK Supreme Court or European Court of Human Rights in Strasbourg, and that “unfortunately you have got to let that play out”.
At a five-day hearing in September, lawyers for several asylum seekers – along with the Public and Commercial Services union (PCS) and charities Care4Calais and Detention Action – argued that the plans are unlawful and that Rwanda “tortures and murders those it considers to be its opponents”.
The Hope Hostel in Kigali, Rwanda, where migrants were expected to stay after arriving from the UK on a deportation flight (Victoria Jones /PA)
At a further hearing in October, lawyers for the charity Asylum Aid also challenged the policy, arguing that the procedure is “seriously unfair” and also unlawful, with asylum seekers put at risk of being removed without access to legal advice.
The Home Office defended the claims, with lawyers arguing that the memorandum of understanding agreed between the UK and Rwanda provides assurances that ensure everyone sent there will have a “safe and effective” refugee status determination procedure.
Rwandan government spokeswoman Yolande Makolo 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.
“This is a positive step in our quest to contribute innovative, long-term solutions to the global migration crisis.”
Detention Action, Care4Calais, the PCS union and Asylum Aid all said they are disappointed with the ruling and are considering whether to appeal against the decision.
Deputy director of Detention Action James Wilson said the policy is “brutal and harmful” and the charity will “fight on” but it is a “huge relief” that the court ruled in favour of eight asylum seekers, adding that the findings in their cases “highlights itself problems with the policy”.
Alison Pickup, director of Asylum Aid, said: “We will be looking closely at this judgment to see if there are any grounds for an appeal. Meanwhile, we urge the Home Secretary to re-think this inhumane policy and come up with one that can give us all faith in the asylum decision-making process.
"One that treats asylum applications with the seriousness they deserve and respects the human dignity of those seeking sanctuary here.”
At a further hearing in October, lawyers for the charity Asylum Aid also challenged the policy, arguing that the procedure is “seriously unfair” and also unlawful, with asylum seekers put at risk of being removed without access to legal advice.
The Home Office defended the claims, with lawyers arguing that the memorandum of understanding agreed between the UK and Rwanda provides assurances that ensure everyone sent there will have a “safe and effective” refugee status determination procedure.
Rwandan government spokeswoman Yolande Makolo 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.
“This is a positive step in our quest to contribute innovative, long-term solutions to the global migration crisis.”
Detention Action, Care4Calais, the PCS union and Asylum Aid all said they are disappointed with the ruling and are considering whether to appeal against the decision.
Deputy director of Detention Action James Wilson said the policy is “brutal and harmful” and the charity will “fight on” but it is a “huge relief” that the court ruled in favour of eight asylum seekers, adding that the findings in their cases “highlights itself problems with the policy”.
Alison Pickup, director of Asylum Aid, said: “We will be looking closely at this judgment to see if there are any grounds for an appeal. Meanwhile, we urge the Home Secretary to re-think this inhumane policy and come up with one that can give us all faith in the asylum decision-making process.
"One that treats asylum applications with the seriousness they deserve and respects the human dignity of those seeking sanctuary here.”
Why The UK's Rwanda Flights May Never Take Off, Despite Today's Court Ruling
No.10 can't guarantee there will be any deportations before the next election.
Kevin Schofield
19/12/2022
The grounded Boeing 767 aircraft which had been due to fly asylum seekers from MoD Boscombe Down, near Salisbury, in June.
ANDREW MATTHEWS - PA IMAGES VIA GETTY IMAGES
Suella Braverman was understandably jubilant when the High Court ruled this morning that the government’s policy of deporting asylum seekers to Rwanda is lawful.
The home secretary said: “Our ground-breaking migration partnership with Rwanda will provide individuals relocated with support to build new lives there, while disrupting the business model of people-smuggling gangs putting lives at risk through dangerous and illegal small boat crossings.”
“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,” she added.
But anyone looking forward to the first flights taking off any time soon will be disappointed.
In fact, there is a decent chance that the deportation transports may never actually take place.
For a start, the various human rights groups involved in the High Court case are now weighing up whether or not to appeal the ruling, potentially delaying any take-offs for months.
It’s also important to remember that this morning’s ruling was not the slam-dunk for the government that it first appeared.
While the overall policy of sending asylum seekers on a one-way ticket from the UK to Rwanda has been deemed legal, the High Court judges also ruled the government had acted wrongly in the cases of eight immigrants they unsuccessfully tried to deport in June.
That means that more legal challenges to individual deportations are all-but inevitable, further delaying any Rwanda-bound flights.
Asked this morning whether he could say that flights to Rwanda will begin in 2023, the prime minister’s official spokesperson said: “I can’t put a timeline on it.
“A lot will depend on whether there is further legal action. We want to go as quickly as possible.”
And asked whether he could at least guarantee that the first flights will take off before the next election — which may be more than two years away — he replied: “I’m not going to do that while there is the prospect of further legal action.”
Responding to the High Court ruling, shadow home secretary Yvette Cooper made clear Labour’s opposition to the policy, which she said was “unworkable, unethical and extortionately expensive”.
“The Conservatives have let criminal gangs take hold in the Channel, while their own asylum decision making has collapsed,” she said.
“Labour have proposed serious policies to target the gangs and clear the backlog. Instead of spending millions on Rwanda, the government should put that money into pursuing the criminals who are organising these dangerous boats.”
With the opinion polls currently suggesting that Labour is on course to form the next government, there is a strong possibility that the Rwanda policy could be scrapped entirely before anyone is actually deported.
No.10 can't guarantee there will be any deportations before the next election.
Kevin Schofield
19/12/2022
The grounded Boeing 767 aircraft which had been due to fly asylum seekers from MoD Boscombe Down, near Salisbury, in June.
ANDREW MATTHEWS - PA IMAGES VIA GETTY IMAGES
Suella Braverman was understandably jubilant when the High Court ruled this morning that the government’s policy of deporting asylum seekers to Rwanda is lawful.
The home secretary said: “Our ground-breaking migration partnership with Rwanda will provide individuals relocated with support to build new lives there, while disrupting the business model of people-smuggling gangs putting lives at risk through dangerous and illegal small boat crossings.”
“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,” she added.
But anyone looking forward to the first flights taking off any time soon will be disappointed.
In fact, there is a decent chance that the deportation transports may never actually take place.
For a start, the various human rights groups involved in the High Court case are now weighing up whether or not to appeal the ruling, potentially delaying any take-offs for months.
It’s also important to remember that this morning’s ruling was not the slam-dunk for the government that it first appeared.
While the overall policy of sending asylum seekers on a one-way ticket from the UK to Rwanda has been deemed legal, the High Court judges also ruled the government had acted wrongly in the cases of eight immigrants they unsuccessfully tried to deport in June.
That means that more legal challenges to individual deportations are all-but inevitable, further delaying any Rwanda-bound flights.
Asked this morning whether he could say that flights to Rwanda will begin in 2023, the prime minister’s official spokesperson said: “I can’t put a timeline on it.
“A lot will depend on whether there is further legal action. We want to go as quickly as possible.”
And asked whether he could at least guarantee that the first flights will take off before the next election — which may be more than two years away — he replied: “I’m not going to do that while there is the prospect of further legal action.”
Responding to the High Court ruling, shadow home secretary Yvette Cooper made clear Labour’s opposition to the policy, which she said was “unworkable, unethical and extortionately expensive”.
“The Conservatives have let criminal gangs take hold in the Channel, while their own asylum decision making has collapsed,” she said.
“Labour have proposed serious policies to target the gangs and clear the backlog. Instead of spending millions on Rwanda, the government should put that money into pursuing the criminals who are organising these dangerous boats.”
With the opinion polls currently suggesting that Labour is on course to form the next government, there is a strong possibility that the Rwanda policy could be scrapped entirely before anyone is actually deported.
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