The UK government’s plan to send asylum seekers to Rwanda has been deemed unlawful by the Court of Appeal.
Lord Chief Justice Lord Burnett declared that Rwanda was not a safe third country, due to a record of human rights abuses towards refugees.
Two of the court’s three judges also said there were “deficiencies” in the Rwandan asylum system which meant that some people could face deportation back to their home countries.
The court said this could risk asylum seekers facing inhumane treatment and persecution, and violate Article 3 of the European Convention on Human Rights.
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Prior to the ruling, no deportation flights had occurred, with legal challenges and protest stopping several attempts by the Home Office.
The appeal had been brought by asylum seekers selected for deportation, with the support of the United Nations Refugee Agency.
Freedom from Torture, a UK charity supporting survivors of torture, said: “The UK government’s ‘cash for humans’ deal with Rwanda is not only deeply immoral, it flies in the face of the laws of this country.”
Yolanda Makolo, a spokesperson for the Rwandan government, stated: “While this is ultimately a decision for the UK’s judicial system, we do take issue with the ruling that Rwanda is not a safe country for asylum seekers and refugees”.
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The original plan, announced on 14 April 2022, would have seen those arriving in the UK without a visa sent to Rwanda, where their asylum claim would be handled.
It is a component of Rishi Sunak’s pledge to stop small boat crossings, which seeks to reduce or eliminate asylum seekers crossing over the English Channel from France.
In December 2022, the High Court declared that the plan was lawful and did not breach human right laws or the UN’s Refugee Convention.
The Government may be able to challenge this decision if the case is allowed to progress to the Supreme Court.
“Meeting with Suella Braverman, UK Home Secretary | Kigali, 19 March 2023” by Paul Kagame is licensed under CC BY-NC-ND 2.0.