Suella Braverman, the recently dismissed home secretary, has vehemently opposed the current Rwanda plan under Prime Minister Boris Johnson's administration, asserting that no asylum

seekers would be flown there before the next election. In her commentary published in the Telegraph, Braverman criticized the government's persistence with a flawed plan, emphasizing that tweaking it would not align with the government's objectives.

Braverman advocated for a complete disregard of human rights laws and obligations to expedite the plan's execution. However, her proposition faced criticism from former cabinet minister Damian Green, who labeled it as an unprecedented departure from conservative values, likening it to tactics employed by authoritarian leaders like Xi Jinping and Vladimir Putin.

The Supreme Court's ruling on the government's initiative to transport asylum seekers to Rwanda highlighted substantial concerns about the safety of individuals deported to that country. Despite this, Rishi Sunak, the Chancellor, pledged emergency legislation to certify Rwanda as a "safe" country, contradicting the court's findings. Additionally, the Prime Minister aimed to establish a new treaty with Rwanda to commence flights by spring.

Braverman expressed skepticism about the viability of a new treaty, calling it "magical thinking" and indicating that it would not address the fundamental issue flagged by the highest court regarding Rwanda's safety for deported asylum seekers. With an impending general election and limited Parliamentary time, she contended that the proposed plan, unless significantly revised, would fail to materialize before the polls.

Her proposal involved legislation disregarding the Human Rights Act, the European Convention on Human Rights, and other relevant international obligations to bypass legal impediments. This stance received some support from colleagues like former cabinet minister Sir Simon Clarke, who suggested that in extreme circumstances, sections of the law could be disregarded by Parliament.

The Rwanda policy forms a crucial part of Sunak's strategy to deter asylum seekers from crossing the English Channel in small boats. Transport Secretary Mark Harper reaffirmed the government's commitment to implementing the Rwanda policy by spring, anticipating strong opposition in the House of Lords and potential legal challenges.

The debate surrounding Braverman's proposal raises questions about its legal feasibility. Derogating from certain protections under the European Convention on Human Rights during emergencies might not swiftly facilitate the plan's execution. Moreover, attempts to alter or leave the ECHR entirely could pose significant challenges, including breaching international agreements and impacting Northern Ireland's peace deal.

Braverman's approach, advocating for bypassing legal frameworks, is met with criticism and skepticism about its practicality within the existing legal and international contexts. Photo by Jonathan Serex, Wikimedia commons.