November 15, 2023.
KAMPALA, Uganda | In a significant blow to the UK government’s asylum policy, the Supreme Court has ruled that the plan to fly asylum seekers to Rwanda is unlawful, leaving the controversial proposal in disarray. The Court of Appeal’s decision, upheld by the Supreme Court, highlighted concerns that the policy exposed individuals to potential human rights breaches.
The plan, initially announced by Prime Minister Boris Johnson in April 2022, aimed to transport asylum seekers to Rwanda, prohibiting their return to the UK. Despite the government investing £140 million in the scheme, legal challenges mounted, and flights were halted in June last year due to a lack of human rights safeguards.
Chancellor Rishi Sunak, undeterred by the setback, expressed determination to salvage the plan. During Prime Minister’s Questions, Sunak outlined measures to revive the policy, including finalizing a formal treaty with Rwanda to strengthen the legal foundation of the agreement.
The Supreme Court’s unanimous decision centered on the principle of “non-refoulement,” asserting that individuals seeking asylum should not be returned to a country where they face harm. The court found that there had not been a proper assessment of whether Rwanda could guarantee the safety of those deported.
The justices acknowledged the Rwandan government’s good faith but raised doubts about its practical ability to address deficiencies in its asylum system promptly. The ruling leaves the policy in tatters, with uncertainties about finding another nation willing to engage in a similar arrangement with the UK.
In response, Sunak emphasized the government’s commitment to stopping illegal immigration, despite the setback. Plans for a televised press conference on Wednesday suggest a forthcoming announcement on the government’s next steps.
The Supreme Court’s decision adds another layer of complexity to the political landscape, coinciding with the dismissal of Suella Braverman, the former home secretary and proponent of the asylum policy. Braverman criticized the government’s lack of a credible Plan B in the event of the policy being halted.
While some within the Conservative Party, such as Lee Anderson MP, advocate for defying the Supreme Court and proceeding with the policy, others, like Natalie Elphicke, MP for Dover, are calling for a comprehensive overhaul of the government’s immigration plans.
Amidst the political fallout, charity Asylum Aid urged the government to abandon the notion of forcibly removing asylum seekers to third countries, describing the policy as both cruel and ineffective.
As the UK grapples with the aftermath of the Supreme Court’s ruling, the decision has broader implications for the ongoing immigration debate, with winter approaching and concerns raised about potential ramifications on lives at risk.
