LONDON (AP) — A British court ruled Thursday that a government plan to send asylum-seekers on a one-way trip to Rwanda is unlawful, delivering a blow to the Conservative administration’s pledge to stop migrants making risky journeys across the English Channel
In a split two-to-one ruling, three Court of Appeal judges said Rwanda could not be considered a “safe third country” where migrants could be sent.
The government is likely to challenge the ruling at the U.K. Supreme Court.
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Prime Minister Rishi Sunak has pledged to “stop the boats” — a reference to the overcrowded dinghies and other small craft that make the journey from northern France carrying migrants who hope to live in the U.K. More than 45,000 people arrived in Britain across the Channel in 2022, and several died in the attempt.
The U.K. and Rwandan governments agreed more than a year ago that some migrants who arrive in the U.K. as stowaways or in small boats would be sent to Rwanda, where their asylum claims would be processed. Those granted asylum would stay in the East African country rather than return to Britain.
The U.K. government argues that the policy will deter criminal gangs that ferry migrants on hazardous journeys across one of the world’s busiest shipping lanes.
Human rights groups say it is immoral and inhumane to send people more than 4,000 miles (6,400 kilometers) to a country they don’t want to live in. They also cite Rwanda’s poor human rights record, including allegations of torture and killings of government opponents.
Britain has already paid Rwanda 140 million pounds ($170 million) under the deal, but no one has yet been deported there.
Britain’s High Court ruled in December that the policy is legal and doesn’t breach Britain’s obligations under the U.N. Refugee Convention or other international agreements, rejecting a lawsuit from several asylum-seekers, aid groups and a border officials’ union.
But the court allowed the claimants to challenge that decision on issues including whether the plan is “systemically unfair” and whether asylum-seekers would be safe in Rwanda.
In a partial victory for the government, the appeals court ruled Thursday that the U.K.’s international obligations did not rule out removing asylum-seekers to a safe third country.
But two of the three ruled Rwanda was not safe because its asylum system had “serious deficiencies.” They said asylum seekers “would face a real risk of being returned to their countries of origin,” where they could be mistreated.
Lord Chief Justice Ian Burnett – the most senior judge in England and Wales – disagreed with his two colleagues. He said assurances given by the Rwandan government were enough to ensure the migrants would be safe.
The government of Rwanda took issue with the ruling, saying the nation is “one of the safest countries in the world.”
“As a society, and as a government, we have built a safe, secure, dignified environment, in which migrants and refugees have equal rights and opportunities as Rwandans,” said government spokeswoman Yolande Makolo. “Everyone relocated here under this partnership will benefit from this.”
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Follow AP’s coverage of global migration at https://apnews.com/hub/migration
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