Government to Seek Appeal After Court Declares Rwanda Deportation Policy Unlawful

A group of illegal immigrants are brought by a Border Force vessel to Dover, Kent, on May 19, 2023. Gareth Fuller/PA Media

The government will seek to appeal against a court ruling that found its plans to deport illegal immigrants to Rwanda to be unlawful.

Under the government’s proposed Illegal Migration Bill, anyone who arrives in the UK illegally will be banned from claiming asylum, and will be deported to their home country or a safe third country like Rwanda, and will also be banned from reentry.

In December, the High Court dismissed challenges against the policy and ruled that the policy is lawful.

But in a majority decision on Thursday, judges at the Court of Appeal overturned the High Court ruling and ruled that the policy is “unlawful.”

The ruling comes just a day after the Illegal Migration Bill—which has already been passed by the House of Commons—saw four government defeats in the House of Lords on Wednesday.

The judges said deficiencies in the Rwanda asylum system mean there is a risk asylum seekers could be returned to their home country, where they may face the risk of inhumane treatment.

Prime Minister Rishi Sunak addresses journalists at the Western Jetfoil terminal in Dover, Kent, on June 5, 2023. PA

Prime Minister Rishi Sunak said he “fundamentally” disagrees with the ruling and the government will seek to appeal the decision at the Supreme Court.

The Rwandan government responded to the judgment to say it is “one of the safest countries in the world.”

‘Real Risk’

The Court of Appeal’s decision was announced by the Lord Chief Justice Lord Burnett during a short hearing in London, where he stressed the court reached its conclusion on the law and took “no view whatever” about the political merits of the policy.

Burnett, who heard the appeal with Sir Geoffrey Vos and Lord Justice Underhill in April, said the court ruled by a majority that the Rwanda policy is unlawful.

Vos and Underhill concluded that deficiencies in the asylum system in Rwanda mean there is a “real risk” asylum seekers could be returned to their home country and face persecution or other inhumane treatment when they may have a good claim for asylum.

Burnett, who disagreed with the other two judges and concurred with the High Court’s ruling, added: “The court is unanimous in accepting that the assurances given by the Rwandan government were made in good faith and were intended to address any defects in its asylum processes.

“However, the majority believes that the evidence does not establish that the necessary changes had by then been reliably effected or would have been at the time of the proposed removals.”

‘Fully Committed’

In a statement, the prime minister said: “While I respect the court I fundamentally disagree with their conclusions.

“I strongly believe the Rwandan government has provided the assurances necessary to ensure there is no real risk that asylum seekers relocated under the Rwanda policy would be wrongly returned to third countries—something that the Lord Chief Justice agrees with.

“Rwanda is a safe country. The High Court agreed. The United Nations High Commissioner for Refugees have their own refugee scheme for Libyan refugees in Rwanda. We will now seek permission to appeal this decision to the Supreme Court.

“The policy of this government is very simple, it is this country—and your government—who should decide who comes here, not criminal gangs. And I will do whatever is necessary to make that happen.”

Home Secretary Suella Braverman said she remains “fully committed” to the policy.

She said: “The Court of Appeal has been clear that the policy of relocating asylum seekers to a safe third country for the processing of their claims is in line with the Refugee Convention. While we are disappointed with their ruling in relation to Rwanda’s asylum system, I will be seeking permission to appeal this.”

‘Completely Unravelling’

The opposition Labour Party said that the Court of Appeal judgment shows that the government’s plan to stop illegal immigration is “completely unravelling.”

Labour’s shadow home secretary Yvette Cooper said: “The Rwanda scheme is unworkable, unethical, and extortionate, a costly and damaging distraction from the urgent action the government should be taking.”

The Liberal Democrats called on the home secretary to “accept reality.”

The party’s home affairs spokesman Alistair Carmichael said: “Instead of wasting even more taxpayer money by defending this plan in the courts, the home secretary should scrap her vanity project and focus on tackling the asylum backlog created by her own government’s incompetence.”

PA Media contributed to this report.