In a setback to Prime Minister Rishi Sunak's efforts to curb migrant crossings in small boats across the English Channel, the Court of Appeal declared on Thursday that the British government's
plan to deport asylum seekers to Rwanda is unlawful.
Three senior appeal judges, by majority decision, ruled that Rwanda cannot be regarded as a safe third country. Under a deal established last year, the government intended to send tens of thousands of asylum seekers, who arrive on UK shores, over 4,000 miles (6,400 km) away to the East African nation.
The first planned deportation flight was halted a year ago when the European Court of Human Rights (ECHR) issued an injunction, prohibiting any deportations until legal proceedings in the UK concluded.
While the High Court ruled the policy as lawful in December, the decision was challenged by asylum seekers from various countries and human rights organizations, including Syria, Iraq, and Iran.
Judge Ian Burnett, announcing the Court of Appeal's verdict, stated, "The deficiencies in the asylum system in Rwanda are such that there are 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." Burnett disagreed with the other two judges, and a government source indicated that it is likely to contest the ruling in the Supreme Court.
Even if the government succeeds in the Supreme Court, deportation flights are unlikely to commence this year. The court ruling poses a significant setback for Prime Minister Sunak, who is already grappling with high inflation, waning public support, and mounting pressure from his own party and the public to address the issue of migrant arrivals in small boats.
Sunak has made "stop the boats" one of his top priorities, hoping that a decline in arrivals would boost his Conservative Party's chances in the upcoming national election.
Home Secretary Suella Braverman is expected to address parliament later on Thursday.
Political opponents are calling for the government to abandon the policy. The Liberal Democrats deem it "immoral, ineffective, and incredibly costly for taxpayers," dubbing it a "vanity project" for Braverman. According to the government, the cost of sending each asylum seeker to Rwanda averages £169,000 ($213,450) per person. Critics argue that the government's policies are driven by political motives and fail to address the underlying issues.
They contend that there are currently limited legal pathways for asylum seekers fleeing war or persecution to seek refugee status in the UK, leaving many with no choice but to undertake perilous small boat crossings.
Last year, a record-breaking 45,755 individuals arrived in Britain via small boats across the English Channel, primarily from France. So far this year, over 11,000 have made the crossing, a rate similar to the first half of 2022. Photo by SteveRwanda, Wikimedia commons.