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The Supreme Court declared on Wednesday that the United Kingdom’s divisive plan to transfer asylum-seekers to Rwanda was illegal. This decision dealt a possibly fatal blow to Prime Minister Rishi Sunak’s signature migration policy and incited a violent backlash from the right side of British politics.
The highest court in the United Kingdom unanimously decided against the government, upholding an earlier appeals court decision that determined the policy—which has been strongly denounced by humanitarian organizations—was illegal.
Its decision clearly undermined the government’s plea and thwarted plans to transfer illegally arriving asylum seekers from the United Kingdom to the nation of east Africa. Since its initial announcement in April 2022, the plan has faced numerous court challenges and has not succeeded in deporting any individuals.
On Wednesday evening, Sunak announced his intention to pursue a formal treaty with Rwanda, a move that would undergo additional legal scrutiny. He also mentioned plans to introduce “emergency legislation” that would allow the UK Parliament to unilaterally declare Rwanda as a safe country.
The judges’ decision was based on the assessment that Rwanda couldn’t be considered a safe destination for asylum seekers, contrary to the government’s argument. This ruling has sparked calls from the right-wing faction of the Conservative Party to consider leaving the European Convention on Human Rights (ECHR), a contentious issue that has caused divisions within the ruling party between centrists and right-wingers.
On Wednesday, Sunak declined to support those requests, but he made a suggestion that he may if a revised policy was refused. “To get rid of the things standing in our way, I’m willing to revisit those international relationships and change our laws,” he declared. “I refuse to allow these flights to be blocked by a foreign court.”
The judges stated in their ruling that there are substantial reasons to believe that asylum seekers would be at risk of ill-treatment if sent to Rwanda due to the possibility of refoulement to their country of origin.
They cited concerns about Rwanda’s asylum claim processing system, its poor human rights record, and its history of not complying with non-refoulement agreements. The judges also highlighted that as recently as 2021, the UK government had criticized Rwanda for issues such as extrajudicial killings, deaths in custody, enforced disappearances, and torture.
Sunak informed lawmakers that efforts were underway to establish a new treaty with Rwanda, acknowledging that the recent ruling was not the desired outcome but emphasizing the government’s commitment to addressing immigration challenges.
A political dispute breaks out.
The recent Supreme Court ruling has ignited a political battle within the Conservative Party that has been brewing for months.
The Supreme Court made it clear that it considered not only the European Convention on Human Rights (ECHR) but also other international treaties and UK legislation that protect refugees and asylum seekers from deportation without safety guarantees. However, some members on the right of the Conservative Party have been pushing for a withdrawal from the ECHR if the court blocked the government’s policy. This proposal has faced strong opposition from moderates within the party.
Suella Braverman, the former home secretary, who was recently dismissed from her position, led calls for “emergency legislation” and criticized the prime minister’s handling of the situation. She accused the government of lacking credible alternatives and described Rishi Sunak as uncertain and weak.
The verdict on the Rwanda asylum plan has been closely watched both in the UK and globally, as it was seen as a test of the feasibility of offshore asylum processing.
Humanitarian groups and organizations supporting refugees celebrated the ruling, hoping it would mark the end of the controversial plan. Care4Calais, which aids refugees in the UK and France, stated that the judgment should bring closure to this chapter in the UK’s history. Medecins Sans Frontiers also welcomed the decision and called for a shift toward providing safe routes for those seeking sanctuary in the UK as a more humane approach to reducing dangerous Channel crossings.
The recent Supreme Court ruling has ignited a political battle within the Conservative Party that has been brewing for months.
The Supreme Court made it clear that it considered not only the European Convention on Human Rights (ECHR) but also other international treaties and UK legislation that protect refugees and asylum seekers from deportation without safety guarantees. However, some members on the right of the Conservative Party have been pushing for a withdrawal from the ECHR if the court blocked the government’s policy. This proposal has faced strong opposition from moderates within the party.
Suella Braverman, the former home secretary, who was recently dismissed from her position, led calls for “emergency legislation” and criticized the prime minister’s handling of the situation. She accused the government of lacking credible alternatives and described Rishi Sunak as uncertain and weak.
The verdict on the Rwanda asylum plan has been closely watched both in the UK and globally, as it was seen as a test of the feasibility of offshore asylum processing.
Humanitarian groups and organizations supporting refugees celebrated the ruling, hoping it would mark the end of the controversial plan. Care4Calais, which aids refugees in the UK and France, stated that the judgment should bring closure to this chapter in the UK’s history. Medecins Sans Frontiers also welcomed the decision and called for a shift toward providing safe routes for those seeking sanctuary in the UK as a more humane approach to reducing dangerous Channel crossings.
A costly failure
Wednesday’s ruling from the Supreme Court dealt a decisive blow to the government’s policy on multiple fronts. Its repercussions will be felt for some time, reigniting the debate on illegal migration as the UK approaches a general election and setting the stage for contentious infighting within the Conservative Party.
The Rwanda asylum plan was introduced in response to the increasing number of dangerous small boat crossings by asylum seekers across the English Channel. The rate of these crossings has been on the rise in recent years, and Rishi Sunak has committed to reversing this trend.
Under the policy, certain asylum seekers would have been relocated to Rwanda for the processing of their asylum claims. Successful applicants would have been permitted to stay in Rwanda, while unsuccessful ones would have been returned to their countries of origin.
The Supreme Court ruled the Rwandan asylum processing system and its human rights record raised serious concerns, leading to the policy being deemed illegal.
This scheme was introduced by former Home Secretary Priti Patel and supported by her successor, Suella Braverman, who was dismissed from the post recently due to a series of controversies.
The policy has been a costly and highly publicized failure for three successive prime ministers. The UK paid the Rwandan government £140 million ($177 million) for the proposal, but no flights ever took place. The first scheduled flight to Rwanda was halted at the last moment last year following an intervention by the European Court of Human Rights, and subsequent legal challenges further delayed the program.
The number of undocumented individuals entering Europe and then making their way to Britain has increased this year due to conflicts, global inequality, and climate change, exacerbating a migrant crisis across the continent.
Opposition to illegal migration has become a central part of the Conservative Party’s message to voters, as polls indicate a decline in public support and the possibility of a general election defeat next year.
Key figures in the party, including Rishi Sunak and Suella Braverman, have been accused of using inflammatory language towards illegal migrants in their bid for votes.
Opposition leader Keir Starmer commented on the situation, saying, “He bet everything on it, and now he’s totally exposed. Whether he likes it or not, he’ll have to go back to his office, back to the drawing board, and start from scratch.”
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