The British government is not authorized to deport asylum seekers

The British government is not authorized to deport asylum seekers to Rwanda

The High Court has ruled that plans by Rishi Sunak’s British government to deport migrants to Rwanda are illegal. Its asylum policy is in shambles following the resignation of Home Secretary Suella Braverman.

The British government has failed in court over its controversial plan to deport asylum seekers to Rwanda, regardless of their origin. London’s High Court branded Prime Minister Rishi Sunak’s plan illegal on Wednesday and upheld the June appeal court ruling. The Supreme Court emphasized that there is a risk that asylum seekers in the East African country will not receive a fair procedure.

The decision is a setback for the Conservative government. The deportations to the African country, more than 6,400 kilometers away, were intended to dissuade migrants from entering the country in small boats coming from France across the English Channel. Last year, more than 45,000 people came to the UK this way. The number this year, around 27,000 so far, is lower than last year. But the government’s promise to stop the boats has not yet been fulfilled.

Pressure is likely to continue to mount on Prime Minister Rishi Sunak, especially from the right wing of his party, whose measures against rising immigration were one of the cornerstones of his government. The fact that Sunak does not “comply” is also criticized by the Home Secretary, Suella Braverman, who was removed from office on Monday, in an open letter to her former boss.

The deportation pact with Rwanda concluded in April 2022 is an important – and very controversial – part of the now former Interior Minister’s stricter asylum policy. The first deportation flight was stopped at the last minute by the European Court of Human Rights in Strasbourg more than a year ago, much to the anger of the British government. The plan was met with strong criticism at home and abroad. The United Nations High Commissioner for Refugees (UNHCR) condemned the planned action as a violation of international law. The bishops of England spoke of a “disgrace for Britain”.

Planned automatic deportation as a deterrent measure

Refugee organizations and individual asylum seekers challenged the plan in the British courts. They lost at first: in December, the High Court ruled that Rwanda’s program was legal. In June, the court of appeal overturned this decision – the government’s plans were then taken to the Supreme Court, which ruled on Wednesday. The new Home Secretary, James Cleverly, must now clean up the mess; the previous Minister for Foreign Affairs took over from Braverman at the beginning of the week.

One of the most important domestic policy objectives of Prime Minister Sunak’s government is to put an end to cross-Channel migration: “Stop the Boats” is the slogan. Automatic deportation to Rwanda should have served as a deterrent – ​​although experts doubt the plan would have had the desired effect. The government should be able to decide for itself who gets into the country and who doesn’t, Sunak said in the summer when he had to suffer a setback in court. “I will do everything I can to make sure that happens.” Now his hands are legally tied. His (and Braverman’s) plans cannot be implemented as he intended. (Red/Ag.)