
In a major blow to Rishi Sunak, the Supreme Court on Wednesday (Nov 15) ruled as unlawful the British prime minister’s controversial plan to deport asylum seekers to Rwanda.
The apex court’s unanimous rule sided with the lower court’s judgment in June that found deficiencies in the Rwandan asylum system.
The lower court had found that sending anyone to Rwanda would be in breach of the European Court of Human Rights (ECHR) laws as there was a “real risk” they could be returned to their home countries to face “persecution or other inhumane treatment”.
President of the court Lord Reed, during the ruling, said there was a "real risk" asylum seekers could be sent from Rwanda to the places they fled from.
He pointed to crucial evidence from the United Nations’ refugee agency, the UNHCR, which highlighted the failure of a similar deportation agreement between Israel and Rwanda.
The judgement throws a spanner in the works of the prime who had repeatedly pledged to “stop the boats”—a reference to the proposed Illegal Immigration Bill that promises to end illegal entry as a route to asylum in the UK.
The plan was first announced in April 2022, but has been stuck in legal limbo and the UK government failed to deport a single person.
The Rwanda plan was introduced by former home secretary Priti Patel and backed by her successor, Suella Braverman, who was sacked on Monday after a string of controversies.
The government had been claiming that a growing number of immigrants exploit the Rwandan asylum scheme to reach the UK illegally through small boats travelling across the English Channel – a claim that has been vehemently rejected by refugee charities.
The number of crossings has risen significantly in recent years, a trend Sunak has vowed to reverse.
However, it has been a costly and public failure for three successive prime ministers. According to BBC, the UK has paid the Rwandan government £140 million ($177 million) for the proposal.
Rishi Sunak in a statement said that the government would prepare for the next steps to be taken following the ruling.
He noted the ruling said the "principle" of sending migrants to a third country is "lawful".
"We have seen today’s judgment and will now consider next steps," the statement read.
"This was not the outcome we wanted, but we have spent the last few months planning for all eventualities and we remain completely committed to stopping the boats."
Minutes after Wednesday'sruling, the Rwanda government issued a statement, saying it has taken exception to the ruling which defined the territory as "not a safe third country”.
"This is ultimately a decision for the UK’s judicial system," the statement reads.
"However, we do take issue with the ruling that Rwanda is not a safe third country for asylum seekers and refugees, in terms of refoulement. Rwanda and the UK have been working together to ensure the integration of relocated asylum seekers into Rwandan society.
"Rwanda is committed to its international obligations, and we have been recognized by the UNHCR and other international institutions for our exemplary treatment of refugees.
"We take our humanitarian responsibilities seriously, and will continue to live up to them."