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regular-article-logo Monday, 06 May 2024

Deportation of asylum seekers to Rwanda lawful, UK court rules

Suella Braverman should look at people's 'particular circumstances' before deporting them to the African nation, says the court

Aditi Khanna London Published 19.12.22, 05:26 PM
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Representational image File picture

Britain's plan to deport some migrants to Rwanda for their asylum claims to be processed is lawful, the High Court here ruled on Monday.

Lord Justice Clive Lewis said the immigration policy, introduced under former Prime Minister Boris Johnson and backed by Rishi Sunak, is "consistent with the refugee convention". However, he cautioned that UK Home Secretary Suella Braverman should look at people's "particular circumstances" before deporting them to the African nation.

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"It is lawful for the government to make arrangements for relocating asylum seekers to Rwanda and for their asylum claims to be determined in Rwanda rather than the UK," said Justice Lewis, at the end of a five-day hearing.

The decision is a landmark victory for the UK government after months of uncertainty over the legality of the controversial scheme to tackle illegal migration to the country, announced by former Indian-origin home secretary Priti Patel earlier this year.

The High Court ruling means the case of the first eight asylum seekers who were set to be deported to Rwanda must have their circumstances "properly considered" and will now go back to the Braverman's office.

The European Court of Human Rights (ECHR) had granted an urgent injunction to block the first flight earlier this year and ruled that no flight could leave the UK for Rwanda until three weeks after the conclusion of any domestic UK challenges to the legality of the policy.

The charities behind the legal challenge to the Rwanda policy are expected to appeal against the decision, meaning that flights to Rwanda are unlikely to start any time soon. A decision on whether to allow an appeal in the Supreme Court has been adjourned until January 2023.

The Rwanda policy will see asylum seekers who make dangerous or illegal journeys, such as by small boat or hidden in lorries, being relocated for their asylum claim to be processed in the central African country. Those whose claims are accepted will then be supported to build a new life in what the UK described as one of the fastest-growing economies.

Under a new Migration Partnership clinched with Rwanda, the UK says it is investing GBP 120 million into the economic development and growth of Rwanda. Funding will also be provided to support the delivery of asylum operations, accommodation and integration, similar to the costs incurred in the UK for these services.

At the time of its launch earlier this year, Patel said it would help deter people from making dangerous journeys, but human rights campaigners, charities and Opposition parties condemned the plan as inhumane.

PTI

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