The British government says it will send migrants who have crossed the English Channel by boat to Rwanda as soon as it can, after the High Court ruled the deportation policy was legal.
The UK wants to try and bust the people-smuggling gangs sending boatloads of migrants from the north of France to the UK by diverting asylum seekers to Rwanda for processing and resettlement in a plan modelled on Australia’s controversial but successful policy of stopping the flow of immigrants coming by boats.
But the plan has been stymied by legal challenges, including in the European Court of Human Rights which issued a last-minute injunction halting the first-planned flight in June. The injunction remains in force until the conclusion of legal appeals.
The ECHR is separate to the European Union but its ruling has sparked calls by some Conservatives for Britain to quit the Convention.
On Monday, the High Court handed down its judgment and said that the plan was lawful.
“The court has concluded that it is lawful for the government to make arrangements for relocating asylum seekers to Rwanda and for their asylum claims to be determined in Rwanda rather than in the United Kingdom,” Lord Justice Lewis said.
“The relocation of asylum seekers to Rwanda is consistent with the Refugee Convention and with the statutory and other legal obligations on the government including the obligations imposed by the Human Rights Act 1998,” Swift said.
But the decision also dealt a blow to the government.
“The Home Secretary has not properly considered the circumstances of the eight individual claimants whose cases we have considered,” Swift ruled.
“For that reason, the decisions in those cases will be set aside and their cases will be referred back to the Home Secretary for her to consider afresh,” Swift said.
Home Secretary Suella Braverman said the judgment, although set to be appealed in the Supreme Court, was a vindication of the government’s policy and that the government was determined “to deliver this partnership at scale as soon as possible”.
The sooner it is up and running, the sooner we will break the business model of the evil gangs,” she said.
Braverman said that the British people did not support open borders but had been told these views were “immoral.”
“Even today we see from certain quarters an unhealthy contempt for anyone who wants controlled migration,” she said.
“Such an attitude is unhelpful, moreover, it’s fanciful, we do not have infinite capacity ... we cannot tolerate people coming here illegally.
“It is not legitimate to leave a safe country like France to seek asylum in the United Kingdom,” she said.
But the opposition’s home affairs spokeswoman Yvette Cooper said that Britain deserved better. “Britain is better than this,” she said.
The UK is grappling with the largest-ever number arrivals of migrants on small boats in a single year, with numbers exceeding 44,000 this year.
Yolande Mokolo, a spokeswoman for the Rwandan government said: “We welcome this decision and stand ready to offer asylum seekers and migrants safety and the opportunity to build a new life in Rwanda.”
“This is a positive step in our quest to contribute to innovative, long-term solutions to the global migration crisis,” Mokolo said.
Britain has already paid Rwanda £140 million ($253 million) to house and process asylum seekers at the Hope Hostel in Kigali which has so far remained empty.
https://www.smh.com.au/world/europe/high-court-greenlights-uk-s-plan-to-deport-migrants-to-rwanda-20221220-p5c7lk.html
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Tuesday, December 20, 2022
High Court greenlights UK’s plan to deport migrants to Rwanda
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