Britain’s Supreme Court Rules Rwanda Migrant Scheme ‘Unlawful’

In a blow to Prime Minister Rishi Sunak, the government’s scheme to send asylum seekers to Rwanda was deemed unlawful as Rwanda cannot be considered a ‘safe third country’.

Originally introduced during Boris Johnson’s premiership, the scheme was presented as a necessary to deter asylum seekers from crossing the Channel to enter Britain. Sunak, who made ‘stop the boats’ one of his top five priorities pledges, supported the scheme after succeeding Liz Truss as Prime Minister.

The five judges, who unanimously rejected the scheme, found that Rwanda can’t be considered a safe third country and that there were “substantial grounds for believing that asylum seekers sent to Rwanda would be at real risk of refoulement”, according to President Rober Reed.

Refoulement is the forcible return of asylum seekers to their country of origin even if they are likely to face persecution. Notably, the judges did not rule it illegitimate to send asylum seekers to a third country – only that it needs to meet the requirements to be considered a safe country with no danger of refoulement.

Refugee Charity Reaction

Steve Smith, CEO of refugee charity Care4Calais, commented, “Th Supreme Court’s judgement is a victory for humanity. This grubby, cash-for-people deal was always cruel and immoral but, most importantly, it is unlawful.

“Hundreds of millions of pounds have been spent on this cruel policy, and the only receipts the Government has are the pain and torment inflicted on the thousands of survivors of war, torture and modern slavery they have targeted with it. The responsibility for the trauma, the incidences of self-harm, and the attempted suicides this policy has caused, today lies as a great weight on the shoulders of every Government Minister who has supported it.

“Today’s judgement should bring this shameful mark on the UK’s history to a close. Never again should our Government seek to shirk our country’s responsibility to offer sanctuary to those caught up in horrors around the world.”

Commitment ‘Unwavering’, Sunak says

Wednesday’s Supreme Court ruling came just as inflation fell to 4.6 per cent, meaning that Sunak successfully met his pledge to halve the inflation rate – another of his five priorities. It also came just two days after the dramatic sacking of Suella Braverman as home secretary, and the subsequent cabinet reshuffle.

Braverman, who criticised the PM in a scathing letter accusing him of “manifestly and repeatedly failed to deliver” on key policies, was also one of the biggest supporters of the controversial Rwanda plan. At the 2022 Tory conference she notably said, “I would love to have a front page of The Telegraph with a plane taking off to Rwanda, that’s my dream, it’s my obsession.”

Upon the verdict’s release Sunak, who is facing general elections next year with his party trailing behind Labour by 20 points according to the most recent polls, commented, “My commitment to stopping the boats is unwavering.

“The Government has been working on a new treaty with Rwanda, and we’ll finalise that in light of today’s judgment. If necessary, I am prepared to revisit our domestic legal frameworks.”

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