Controversial plan to deport asylum seekers to Rwanda is lawful, High Court rules

19 December 2022, 10:41 | Updated: 20 December 2022, 02:32

The Government's plan to deport asylum seekers to Rwanda is lawful, the High Court has ruled.

The arrangement, which allows the UK to send asylum seekers who arrive in the country illegally to the East African country, had been challenged after human rights campaigners attacked the idea.

The legal bid kept the first attempts at flying people out to be called off. The Government claims it will prove a strong enough deterrent that it could clamp down on the small boat crossings in the Channel.

Judges at the High Court ruled it is lawful to send asylum seekers there on Monday, but said eight individual cases will need to be reviewed before they could be deported.

Home secretary Suella Braverman, who previously said it was her "dream" to get the plan going again, said: "We have always maintained that this policy is lawful and today the court has upheld this.

"I am committed to making this partnership [with Rwanda] 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."

I am committed to making this partnership [with Rwanda] 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.

Lord Justice Lewis said in his ruling: "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.

"On the evidence before this court, the Government has made arrangements with the government of Rwanda which are intended to ensure that the asylum claims of people relocated to Rwanda are properly determined in Rwanda."

But the judge added: "However, the Home Secretary must consider properly the circumstances of each individual claimant.

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"The Home Secretary must decide if there is anything about each person's particular circumstances which means that his asylum claim should be determined in the United Kingdom or whether there are other reasons why he should not be relocated to Rwanda.

"The Home Secretary has not properly considered the circumstances of the eight individual claimants whose cases we have considered.

"For that reason, the decisions in those cases will be set aside and their cases will be referred back to the Home Secretary for her to consider afresh."

But it is unclear if flights will get the go ahead yet, with the court adjourning its decision on whether an appeal will be allowed to next month.

The policy was retained by Rishi Sunak after he became PM, having supported it during his Tory leadership race against Liz Truss.

Steve Crawshaw, policy advocacy director at Freedom from Torture, said after the ruling: "Today's judgment is obviously deeply troubling in many different ways. It suggests the policy is lawful - but this is an important moment moving forward, because we see the ruling also is that individual cases must be carefully looked at."

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James Wilson, deputy director of Detention Action, said: "We are disappointed that the High Court has found the removal of refugees to an autocratic state which tortures and kills people is lawful. However, we will fight on.

"The Rwanda policy is brutal and harmful and we will now consider an appeal against today's judgment."

Clare Moseley, founder of refugee charity Care4Calais, said: "We are disappointed with the outcome and are discussing next steps with our legal team. We remain steadfast in our opposition to the Rwanda policy and in our determination to ensure that no refugee is forcibly deported.

"This is the first court to consider the lawfulness of the UK-Rwanda deal. We will consider our position in respect of the Court of Appeal."

She added: "There are potentially thousands more people seeking asylum in the UK who are, right now and in the future, potentially facing the threat of removal to Rwanda under this cruel and unworkable policy.

"The Rwanda plan won't end small boat crossings and it won't keep refugees safe. There is a kinder and more effective way; giving safe passage to refugees in Calais."

Updates to follow