In a recent ruling, the British Court of Appeal deemed the controversial plan to deport migrants who arrived clandestinely in the UK to Rwanda as unlawful, citing safety concerns. The government, disappointed by the decision, has announced its intention to appeal to the Supreme Court.
The court justified its decision by highlighting that Rwanda does not qualify as a safe third country. Concerns were raised that individuals sent to Rwanda could be returned to their home countries where they may face persecution and inhumane treatment, despite having valid claims for asylum.
Lord Chief Justice, Lord Burnett, stated, “The deficiencies in the asylum system in Rwanda are such that there are substantial grounds for believing that there is a real risk that persons sent to Rwanda will be returned to their home countries where they faced persecution or other inhumane treatment. In that sense, Rwanda is not a safe third country.”
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British Prime Minister Rishi Sunak expressed disagreement with the ruling and vowed to appeal the decision. Sunak emphasized that his government’s policy was to decide who enters the country, rather than allowing criminal gangs to control immigration. He asserted that Rwanda is a safe country.
Despite this development, Rwanda’s government spokesperson, Yolande Makolo, reaffirmed the country’s commitment to the partnership with the UK, disputing the notion that Rwanda is unsafe for refugees and asylum seekers.
Human rights organizations, welcoming the court’s decision, called for a change in the government’s approach to asylum seekers. They urged the government to shift its focus away from deportation and instead address the hostile environment faced by refugees and asylum seekers.
The deportation scheme, initially approved by the High Court in December, has faced legal challenges and has been put on hold. No deportations have occurred thus far, with a scheduled flight in June 2022 canceled after the European Court of Human Rights called for a review of the policy.
The plan to deport migrants to Rwanda was introduced under former Prime Minister Boris Johnson’s administration as an effort to discourage illegal crossings of the English Channel, where several fatalities have occurred in recent years.
