UK Supreme Court to Rule on Legalities of Sending Asylum-Seekers to Rwanda
The UK Supreme Court is set to deliver a ruling on the legal permissibility of the British government’s plan to send asylum-seekers to Rwanda. This decision will have significant implications for a central policy of Prime Minister Rishi Sunak’s administration. Five justices on the Supreme Court will provide their judgment on the Conservative government’s appeal against a lower court ruling that had blocked the deportations.
The controversy surrounding this issue has been ongoing since April 2022 when Britain and Rwanda signed an agreement to transfer some migrants arriving in the UK as stowaways or via small boats across the English Channel to Rwanda. In Rwanda, their asylum applications would be processed, and if granted, they would stay in Rwanda rather than being allowed to return to the UK.
The UK government argues that this policy will deter individuals from risking their lives by crossing one of the busiest shipping lanes in the world, as well as disrupt the business model of human trafficking networks. However, opposition politicians, refugee groups, and human rights organizations argue that the plan is both unethical and unworkable.
To date, no one has been sent to Rwanda as the plan has been subject to legal challenges. In June 2022, the European Court of Human Rights intervened and halted the first deportation flight. Subsequently, in December, the High Court in London ruled that the Rwanda plan was legal, but required the government to consider each individual case before proceeding with deportation. However, in June of this year, the Court of Appeal supported a challenge from asylum-seekers, stating that the plan was unlawful due to concerns that Rwanda is not a safe third country and that there was a risk of migrants being returned to the countries they had fled.
The Supreme Court heard the government’s challenge to this ruling last month, with the government contending that they had thoroughly evaluated the risks and that Rwanda’s government had agreed to protect the rights of migrants. The Supreme Court’s verdict, which will be delivered on Wednesday, will be the final decision within the British court system. However, the losing side will have the option to appeal to the European Court of Human Rights. This potential for further legal action means that even if the government wins on Wednesday, it is unlikely that deportations will begin for several weeks or even months.
The issue of coping with migrants seeking refuge is a challenge faced by many countries worldwide, including Europe and the United States. Although the UK receives fewer asylum-seekers compared to other European nations, it still grapples with the issue. Thousands of migrants from various parts of the world travel to northern France with hopes of crossing the English Channel. Prime Minister Rishi Sunak has made a commitment to stop the boats.
Thus far in 2023, more than 27,300 migrants have made the treacherous journey across the Channel, which is fewer than the 46,000 recorded in the previous year. The UK government interprets this as a sign that their stricter approach is effective, while others attribute the decline to factors such as weather conditions.
The Rwanda plan was initially championed by former Home Secretary Suella Braverman, who was recently dismissed by Prime Minister Sunak due to controversial statements that deviated from the government’s stance. In light of her departure, the prospects of the UK leaving the European Convention on Human Rights have dwindled.
The UK government intends to negotiate deportation agreements with other countries if the Rwanda plan is successful. They argue that several other European countries are considering similar strategies, and the European Union is exploring the possibility of establishing processing centers on its borders to screen migrants upon arrival. In a recent development, Italy reached a deal with Albania to temporarily house and process some migrants who arrive on Italian shores. However, unlike the UK plan, successful asylum-seekers in Italy would be allowed to stay in the country rather than being relocated to Albania.
As the UK awaits the Supreme Court’s decision, the ruling will represent a significant testing ground for newly appointed Home Secretary James Cleverly, who finds himself in this challenging situation on only his third day in office.
