In a significant blow to Prime Minister Rishi Sunak’s efforts to curb migrant crossings in small boats across the Channel, the Court of Appeal has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful.
Three senior appeal judges, by majority decision, concluded that Rwanda could not be considered a safe third country for deportation purposes. The government had intended to send tens of thousands of asylum seekers, who arrived on British shores, over 4,000 miles away to the East African nation under a deal negotiated last year.
The first deportation flight was halted last year due to a last-minute ruling by the European Court of Human Rights (ECHR), which imposed an injunction preventing any deportations until legal proceedings in the UK were concluded.
In December, the High Court ruled the government’s policy as lawful. However, asylum seekers from countries including Syria, Iraq, and Iran, as well as human rights organisations, challenged this decision.
Judge Ian Burnett, announcing the Court of Appeal’s verdict, stated, “The deficiencies in the asylum system in Rwanda are such that there are substantial grounds for believing that there is a real risk that persons sent to Rwanda will be returned to their home countries where they face persecution or other inhumane treatment.” Notably, Judge Burnett dissented from the other two judges’ opinion.
A government source revealed the likelihood of challenging the ruling at the Supreme Court. Even if successful, deportation flights are highly unlikely to commence this year.
The verdict represents a significant setback for Sunak, who is already grappling with soaring inflation, waning public support, and mounting pressure from his party and the public to address the issue of migrant arrivals in small boats.
Sunak has made “stop the boats” one of his top five priorities, hoping that a decline in arrivals will bolster his Conservative Party’s chances in the upcoming national election.
According to the government, the cost of sending each asylum seeker to Rwanda would average £169,000.
Last year, a record 45,755 individuals crossed the Channel in small boats to reach Britain, predominantly from France. In 2023, over 11,000 migrants have arrived so far, maintaining a similar rate to the first half of 2022.
