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UK Court Delivers Major Setback to Sunak’s Asylum Seeker Policy with Rwanda

The Court of Appeal rules that deporting asylum seekers to Rwanda is unlawful, citing concerns about the country’s asylum system and the potential risks faced by deportees.

30 June 2023 · 06:04 UTC

In a landmark decision, the United Kingdom’s Court of Appeal has deemed the government's plan to deport asylum seekers to Rwanda as unlawful, stating that the African nation cannot be classified as a safe third country. This ruling presents a significant blow to Prime Minister Rishi Sunak’s ambitious strategy aimed at curbing the influx of people attempting to cross the English Channel in small boats.

A Panel Divided, But Majority Rules
Three judges from the Court of Appeal were involved in examining the legality of the UK government's plan. In a two-to-one majority opinion delivered on Thursday, the judges concluded that the “removal of asylum seekers to Rwanda” would be “unlawful”. Judge Ian Burnett, while stating the verdict, highlighted serious concerns regarding Rwanda’s asylum system. He pointed out that there were "substantial grounds for believing that there is a real risk that persons sent to Rwanda will be returned to their home countries where they face persecution or other inhumane treatment". Notably, Judge Burnett diverged from his colleagues on this point, voicing his disagreement.

A Contentious £120 Million Plan
The UK government had been orchestrating the deportation of asylum seekers to Rwanda as part of a controversial £120 million ($148 million) deal. This policy was conceived with the intention of dissuading people from embarking on perilous journeys across the English Channel from France.

Alison Pickup, Asylum Aid director, expressed relief at the ruling. Speaking to Al Jazeera, she emphasized that many of the affected asylum seekers had been through traumatic experiences, including torture. The uncertainty about their fate had been agonizing, and the court’s decision would “hopefully give them that reassurance of safety,” Pickup said.

Rwandan Government Rebuts Court’s Conclusion
In response to the ruling, the Rwandan government defended its record on refugees. Though acknowledging that the matter was for the British courts to decide, government spokesperson Yolande Makolo vehemently disputed the judges’ conclusions. She declared Rwanda as “one of the safest countries in the world” and cited commendations from UNHCR and other international institutions for Rwanda’s handling of refugees.

Mounting Pressures on Prime Minister Sunak
The court’s ruling adds to the growing pressures on Prime Minister Rishi Sunak. Apart from facing criticism from his own party and the public on migrant and refugee issues, Sunak is grappling with an economic crunch characterized by soaring inflation and a cost-of-living crisis.

Since assuming office, Sunak has staunchly focused on reducing the number of asylum seekers arriving by boats, believing that a decrease would bolster his Conservative Party’s prospects in the next election.

A Contentious Past and Uncertain Future
The deportation plan to Rwanda, first unveiled in April of the previous year, has been fraught with challenges. Initially, the European Court of Human Rights blocked the first deportation flight by imposing an injunction. Subsequently, in December, the High Court ruled in favor of the government, a decision that was contested by asylum seekers and human rights organizations who condemned the plan as “cruel”, “inhumane”, and “neo-colonial”.

Amidst these developments, Home Secretary Suella Braverman had asserted that Rwanda was a safe country for the resettlement of asylum seekers. However, she had refrained from specifying a timeline for the first deportations.

The ruling comes amidst a larger backdrop of the UK government’s efforts to curtail migration, efforts that have been widely criticized. The government’s proposed Illegal Migration Bill, which sought to empower authorities to deport individuals arriving via small boats across the English Channel, drew severe criticism from charities and human rights groups.

The government has announced its intention to appeal the decision. As it stands, the future of asylum seekers in the UK continues to hang in the balance, as does the government’s migration policy.