Rwanda Asylum Plan: Civil Servants Challenge Legality in Court

The Rwanda Senior Civil Servants Union, represented by the FDA, is taking an unprecedented legal action against the Rwandan government over a new law.

The union is concerned that the law, which allows ministers to bypass the European Court of Human Rights and direct civil servants to organize flights for asylum seekers to Rwanda, could force officials to break the law.

The FDA argues that this could put civil servants in a difficult legal position, as they would be caught between following ministerial orders and adhering to international law and the Civil Service Code.

The union is seeking a ruling from the High Court on the matter.

The government's head of propriety and ethics, Darren Tierney, stated in a letter published on the government's website that civil servants implementing the Rwanda plan would not be breaching the Civil Service Code.

He explained that they would be acting in accordance with the law and the minister's recognized and confirmed discretion.

The Rwanda plan is a part of Prime Minister Rishi Sunak's effort to prevent migrants from crossing the English Channel in dangerous dinghies.

Rwanda's new legislation overturns the Supreme Court decision from last November, which deemed the country an unsafe destination for genuine refugees due to the risk of their being sent back to their home countries and subjected to abuse.

The new law restricts the types of legal challenges refugees can bring before the courts and allows ministers to disregard a temporary order from the European Court of Human Rights to halt flights while a case is still being considered.