Deporting asylum seekers to Rwanda is illegal according to a decision by the Supreme Court in London. However, British Prime Minister Sunak wants to stick to the plan – and plans to have Rwanda classified as a safe third country.
After the defeat in court in the dispute over his asylum pact with Rwanda, British Prime Minister Rishi Sunak wants to implement the plans through “emergency legislation”. This is intended to prevent another blockage in court in Great Britain or by the European Court of Human Rights, said Sunak at a press conference in London. His government wants to carry out the planned flights to deport asylum seekers to Rwanda in spring 2024.
Classify Rwanda as a safe third country
“I will not allow a foreign court to stop these flights,” Sunak said. According to commentators, this could indicate that the Conservative government wants to leave the European Convention on Human Rights or could simply ignore rulings by the Strasbourg court.
In the summer of 2022, the European Court of Human Rights in Strasbourg stopped the only planned flight with asylum seekers to Rwanda with a last-minute interim order. Sunak said he would also use planned “emergency legislation” to ensure that Rwanda is classified as a safe third country by Parliament in London. “I will do what is necessary to get these flights off the ground,” said the head of government.
Asylum seekers are exposed to danger
The UK Supreme Court on Wednesday ruled that a controversial government plan to deport migrants to Rwanda was illegal. The five-member jury unanimously supported an appeal ruling from June that questioned the safety of asylum seekers in Rwanda.
There is reason to believe there is a real risk that asylum applications in Rwanda will not be processed appropriately, the court’s statement said. Asylum seekers would thus be exposed to the risk of being sent back to their home countries. In addition, one cannot trust Rwanda’s promise not to subject asylum seekers to mistreatment. The court referred to the country’s poor human rights record.
Central project of the Sunak government
The United Kingdom signed an agreement with Rwanda in April 2022. According to this, asylum seekers who arrive in Great Britain via the English Channel, regardless of their origin, should be sent to the East African country where their asylum applications should be processed. Either they would then receive asylum there or they would have to try to stay in Rwanda with a different status or submit an application in another country.
Prime Minister Sunak’s government said the plan would deter people from risking their lives by crossing the English Channel. It would also help to take action against smuggling gangs. The plan was a key plan of the Sunak government, but has not yet been implemented because there were complaints against it.
The government had argued in court that it had carefully weighed the risks. It would ensure that the government of Rwanda sticks to its commitment to protect the rights of migrants.