Rwanda Plan Incompatible With Windsor Framework, Judge Rules

File photo of the Royal Courts of Justice where the High Court and the Court of Appeal sit in Belfast, Northern Ireland, on Nov. 7, 2022. Liam McBurney/PA Wire

A high court judge has ordered the disapplication of the provisions of the Illegal Migration Act 2023 in Northern Ireland because they undermine human rights protections granted in post-Brexit agreements.

Mr. Justice Humphreys said in his ruling at Belfast High Court on Monday that elements of the act cause a “significant” weakening of the rights of illegal immigrants guaranteed under the Windsor Framework. The framework, jointly agreed by the UK and the European Union, includes conditions that there can be no diminution of rights under the terms of Northern Ireland’s Good Friday Agreement.

The judge delivered the ruling in two challenges against the act, saying, “I have found that there is a relevant diminution of right in each of the areas relied upon by the applicants.”

“The applicants’ primary submission therefore succeeds. Each of the statutory provisions under consideration infringes the protection afforded to RSE [Rights, Safeguards, and Equality of Opportunity] in the Belfast/Good Friday Agreement,” Mr. Justice Humphreys said.

In the summary of the judgment, Mr. Justice Humphreys “ordered the disapplication of provisions of the Illegal Migration Act 2023 in Northern Ireland and declared others to be incompatible with the European Convention on Human Rights.”

The Illegal Migration Act provides powers for the government to detain and remove asylum seekers who illegally entered the UK. Paired with the Safety of Rwanda (Asylum and Immigration) Act, which became law on April 25, the Illegal Migration Act facilitates sending those asylum seekers to Rwanda.

Judgment ‘Hugely Significant’

One of the cases taken to the Belfast court was by the Northern Ireland Human Rights Commission, the other from a 16-year-old Iranian asylum seeker living in Northern Ireland. The 16-year-old male had travelled from France via small boat as an unaccompanied minor and claimed asylum in July 2023, saying he would be sent to prison or killed if he were returned to Iran.

Mr. Justice Humphreys placed a temporary stay on the disapplication ruling until a further hearing at the end of May, when applicants will have an opportunity to respond to the judgment.

Representing the government, Tony McGleenan, KC responded to the ruling in court, saying, “We’ll be taking our instructions on the judgment and the position in terms of any further litigation will become clear, my lord.”

Solicitor Sinead Marmion, representing the Iranian youth, said outside the courthouse afterwards that the judgment was “hugely significant” and claimed it would prevent the Rwanda scheme from applying in the country.

“There’s a huge obstacle in the way of them being able to actually implement that in Northern Ireland now, as it’s been found to be incompatible with the Windsor Framework,” Ms. Marmion said.

Sunak: ‘Changes Nothing’

Prime Minister Rishi Sunak said that the judgment “changes nothing” about the government’s operational plans to send illegal immigrants to Rwanda this July “or the lawfulness of our Safety of Rwanda Act.”

In comments emailed from the Downing Street press office to The Epoch Times, the prime minister said: “We continue to work to get regular flights off to Rwanda in the coming weeks and nothing will distract us from that or delivering to the timetable I set out. We must start the flights to stop the boats.

“I have been consistently clear that the commitments in the Belfast (Good Friday) Agreement should be interpreted as they were always intended, and not expanded to cover issues like illegal migration. We will take all steps to defend that position, including through appeal.”

On Friday, the prime minister anticipated “flashpoints” with the European Court of Human Rights (ECHR) in relation to his Rwanda plan and suggested during a pre-election speech at the Policy Exchange think tank that he would ignore judgments from the ECHR if they conflicted with his immigration control plans.

“If the Strasbourg Court make me choose between the ECHR and this country’s security, I will choose our country’s security every single time,” Mr. Sunak said.

NI Must Not Become a ‘Magnet for Asylum Seekers’

In reaction to the judgment, the interim leader of the Democratic Unionist Party (DUP) said that Northern Ireland must not become a “magnet for asylum seekers” Great Britain to avoid deportation or an “immigration border” could develop between his country and Great Britain.

Gavin Robinson said, “It is imperative that immigration policy applies equally across every part of the United Kingdom.”

“As unionists, we are clear that our national Parliament should have the ability to make decisions on immigration that are applicable on a national basis.

“If that were not the case, it would not only be a constitutional affront but would make Northern Ireland a magnet for asylum seekers seeking to escape enforcement,” the DUP interim leader added.

The ruling also comes after the Republic of Ireland said it would reclassify the UK as a “safe” country for asylum seekers in an effort to return illegal immigrants who enter the Republic from Northern Ireland. The proposal came after Ireland’s deputy prime minister claimed illegal immigrants were leaving the UK for Ireland because they did not want to be deported to Rwanda.

PA Media contributed to this report.