London Daily

Focus on the big picture.
Friday, Nov 06, 2026

Boris Johnson takes pre-emptive shot at lawyers over Rwanda scheme

Boris Johnson takes pre-emptive shot at lawyers over Rwanda scheme

Analysis: plan to send unauthorised migrants overseas is likely to be very difficult to defend in courts
Detailing plans to send unauthorised migrants to Rwanda, Boris Johnson managed to blame “politically motivated lawyers” for forcing the government to draw up such a drastic policy, and also for any future failure to implement it.

By blaming them for Britain being seen as “a soft touch for illegal migration”, continuing a government narrative against “lefty lawyers”, many in the profession believe the prime minister is putting a fig leaf over a policy that is likely to be extremely difficult to defend in the courts and may end up at the European court of human rights.

Adam Wagner, a human rights barrister at Doughty Street Chambers, said that while detail was lacking, sending asylum seekers to a repressive country was dangerous and potentially unlawful.

“That suits the government because I’m sure the Home Office will have been advised that these aspects of policy risk being struck down by the courts, but it’s just part of their overall strategy of picking fights with lawyers and courts – then they can blame them for the policy not working,” he said.

While Johnson expressed confidence that the policy was fully compliant with international legal obligations, lawyers have their doubts. A joint opinion on the nationality and borders bill by four barristers, led by the human rights and immigration QC Raza Husain, found that the offshore processing of asylum claims would risk breaching articles of the European convention on human rights (ECHR) and the refugee convention, including in the latter case those relating to “prohibition of expulsion” and “non-discrimination”.

Additionally, they found a risk of breaching the UK’s obligation to implement the refugee convention in good faith. Although what the government has announced is not offshore processing, it is arguably even more problematic from a legal perspective, involving removal – or expulsion, as the refugee convention puts it – to Rwanda, a regime with a dubious human rights record. Sailesh Mehta, a human rights barrister at Red Lion chambers, said: “The UNHCR [UN refugee agency] warns against the externalisation of our obligations.”

Johnson has said he is anticipating a legal challenge, and he is unlikely to be disappointed. But before then he has the already tricky task of getting through parliament the nationality and borders bill, which paves the way for offshore processing.

The government has twice been defeated in the House of Lords over several provisions in the bill, including offshore processing. The announcement regarding Rwanda illustrates a determination to press on rather than accept the amendments, but equally it may entrench the opposition in the Lords, particularly in light of the legal warnings.

Stephanie Boyce, president of the Law Society of England and Wales, which represents solicitors, criticised the government with a not so subtle reference to the Partygate fines.

“The government is announcing this scheme before parliament has approved the necessary powers,” Boyce said. “There are serious questions about whether these plans would or could comply with the UK’s promises under international treaty – for instance, if people were in practice prevented from claiming asylum in the UK altogether, or if the government were in effect to pre-judge claims for asylum from a particular group of people.

“It is particularly disappointing – this week of all weeks – the government is repeating misleading suggestions that legal challenges are politically motivated. Legal challenges establish if the government is abiding by its own laws. If the government wishes to avoid losing court cases, it should act within the law of the land.”
Newsletter

Related Articles

0:00
0:00
Close
Office for National Statistics Reports Stable Consumer Confidence and Modest Retail Growth Heading into Winter
Welsh Government Launches Strategic Regional Transport Initiative to Modernize Rail Links Across South Wales
Home Office Expands Digital Border Security Controls and Electronic Travel Authorisations for Inbound Visitors
Scottish Government Announces Emergency Housing Investment Package to Tackle Urban Homelessness Crises
Northern Ireland Executive Reaches Bipartisan Consensus on Public Sector Pay Reform and Budget Allocations
Automotive Manufacturing Sector in the West Midlands Welcomes New Electric Vehicle Supply Chain Investments
Department for Energy Security and Net Zero Approves Offshore Wind Expansion in the North Sea
HM Treasury Finalizes Regulatory Framework for Stablecoins and Digital Asset Markets in London
National Health Service Unveils Comprehensive Digital Integration Strategy to Slash Hospital Waiting Lists
Bank of England Leaves Interest Rates Unchanged Amid Persistent Wage Growth and Inflationary Pressures
United Kingdom and Caribbean Nations Agree to Establish Formal Diplomatic Dialogue Following Reparations Discussions
Cambridge University Appoints Senior Barrister to Lead Independent Review into Death of Academic Jason Arday
Historic Hastings Castle and Kent Dickens Chalet Added to National Heritage at Risk Register Amid Deterioration Concerns
Incoming British Ambassador to Japan Calls for Deepened Bilateral Cooperation on Artificial Intelligence and Semiconductors
Milburn Review Urges Employment Revolution to Unlock Workforce Opportunities for Young Disabled Britons
British Healthcare Worker Evacuated from Democratic Republic of Congo to United Kingdom Following Ebola Exposure
United Nations Refugee Agency Criticises Government Proposal for Thirty-Year Earned Settlement Pathways for Asylum Seekers
Parliamentary Inquiry Warns United Kingdom Remains Exposed to Chinese Critical Mineral Dependencies
Bank of England Prepares Interest Rate Decision as Inflation Pressures Prompt Expectation of Four Percent Benchmark
Department for Business and Trade Overhauls Protection Standards for Digital Animation and Moving Image Files
Intellectual Property Office Introduces Thirty-Month Grace Period for International Product Launches
Intellectual Property Office Targets Anti-Competitive Filings With New Powers to Verify Novelty Before Registration
Creative Industries Minister Ian Murray Praises Regulatory Reforms to Safeguard Small Businesses and Micro-Enterprises
Government Unveils Major Design Framework Overhaul to Protect British Creators and Boost Economy
Global Asset Management Reports Surge in British Dividend Payouts Driven by Strong Financial and Mining Sectors
HM Treasury Confirms Strongest Group of Seven Growth Figures as Fiscal Consolidation Plans Progress
Department for Energy Security and Net Zero Approves Construction of New North Sea Offshore Wind Hub
Northern Ireland Executive Finalizes Public Sector Pay Agreements Following Months of Inter-Agency Negotiations
Welsh First Minister Eluned Morgan Secures Cross-Party Support for Regional Clean Energy Infrastructure Bill
Competition and Markets Authority Launches Formal Investigation Into Dominant Artificial Intelligence Cloud Partnerships
United Kingdom Foreign Secretary David Lammy Concludes High-Level Diplomatic Mission to Washington and Ottawa
Scottish Government Announces Emergency Housing Investment Package to Address Escalating Urban Homelessness
Chancellor Rachel Reeves Finalizes Corporate Tax Adjustments Ahead of Upcoming Business Investment Summit
National Health Service England Unveils Emergency Winter Resilience Plan to Combat Projected A&E Overcrowding
Bank of England Monetary Policy Committee Votes to Hold Base Interest Rate Steady at Four Point Seven5 Per Cent
UK Gross Domestic Product Expands by Zero Point Four Per Cent in Third Quarter Driven by Resilient Services Growth
Northern Ireland Executive Agrees on Multi-Year Public Sector Pay Restructuring Framework at Stormont
Department for Transport Confirms Acceleration of Electric Vehicle Charging Infrastructure Rollout Along Strategic Motorways
Welsh Government Announces Emergency Funding Package to Support Agricultural Sector Facing Severe Weather Impacts
High Court Rules in Favor of Environmental Coalition Over Government Carbon Reduction Plan Deficiencies
Office for National Statistics Reports Stable Retail Sales Growth Supported by Strong Digital Commerce Volumes
Scottish First Minister John Swinney Secures Cross-Party Support for Renewable Energy Export Expansion
National Health Service Digital Reports Major Breakthrough in Reducing Elective Waiting Lists Across England
Chancellor Rachel Reeves Outlines Infrastructure Spending Reforms to Boost Regional Economic Growth Across Northern England
Bank of England Holds Baseline Interest Rate at Five Percent Amid Persistent Core Inflation Pressures
House of Lords Advances Representation of the People Bill to Modernize Electoral Law Ahead of General Election
Financial Markets and Private Equity Assess Tax and Corporate Realignment Following Recent Chancellor Budget Adjustments
Justice Committee Warns Legal Aid Is a Service in Managed Decline Due to Inadequate Government Funding Responses
Royal Navy Intercepts Russian Intelligence Vessel and Warships Across Intensive North Sea Operations
Business and Trade Committee Slams Government Policy on China as Fragmented and Lacking Strategic Direction
×