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| Court Rejects U.K. Plan to Fly Asylum Seekers to Rwanda as Unlawful | Court Rejects U.K. Plan to Fly Asylum Seekers to Rwanda as Unlawful |
| (about 7 hours later) | |
| The British government’s highly contested plan to fly some asylum seekers to Rwanda met a significant roadblock on Thursday when one of the country’s top courts rejected it as unlawful, delivering a sharp blow to one of the top priorities of Prime Minister Rishi Sunak. | The British government’s highly contested plan to fly some asylum seekers to Rwanda met a significant roadblock on Thursday when one of the country’s top courts rejected it as unlawful, delivering a sharp blow to one of the top priorities of Prime Minister Rishi Sunak. |
| In a judgment delivered in London, the Court of Appeal said Rwanda was not a safe country for asylum seekers. In doing so, the judges reversed a ruling in December by the High Court, which dismissed most legal challenges to the government’s plan to deport people seeking refugee status to the African country before their claims are assessed. | In a judgment delivered in London, the Court of Appeal said Rwanda was not a safe country for asylum seekers. In doing so, the judges reversed a ruling in December by the High Court, which dismissed most legal challenges to the government’s plan to deport people seeking refugee status to the African country before their claims are assessed. |
| The decision carries significant political implications for the governing Conservative Party, which has struggled to curb small boat crossings from France. Amid rising tension within the Tory party over an increase in immigration, Mr. Sunak has promised to “stop the boats” — making this hard-line policy one of the five central objectives of his leadership. | The decision carries significant political implications for the governing Conservative Party, which has struggled to curb small boat crossings from France. Amid rising tension within the Tory party over an increase in immigration, Mr. Sunak has promised to “stop the boats” — making this hard-line policy one of the five central objectives of his leadership. |
| In a statement released soon after the verdict, Mr. Sunak said the government would seek permission to appeal the decision to the Supreme Court, describing Rwanda as safe, even though its human rights record has been heavily criticized. | In a statement released soon after the verdict, Mr. Sunak said the government would seek permission to appeal the decision to the Supreme Court, describing Rwanda as safe, even though its human rights record has been heavily criticized. |
| The decision on Thursday was not unanimous, with one of the three judges taking the opposite view to the other two. “The result is that the High Court’s decision that Rwanda was a safe third country is reversed and that unless and until the deficiencies in its asylum processes are corrected, removal of asylum seekers to Rwanda will be unlawful,” said Ian Burnett, the lord chief justice. | The decision on Thursday was not unanimous, with one of the three judges taking the opposite view to the other two. “The result is that the High Court’s decision that Rwanda was a safe third country is reversed and that unless and until the deficiencies in its asylum processes are corrected, removal of asylum seekers to Rwanda will be unlawful,” said Ian Burnett, the lord chief justice. |
| The ruling was the latest development in what has already been a protracted legal battle over the government’s plans, which have been fiercely criticized by activists and human rights groups. | The ruling was the latest development in what has already been a protracted legal battle over the government’s plans, which have been fiercely criticized by activists and human rights groups. |
| The government hopes its agreement with Rwanda, which was struck last year, will deter asylum seekers from making the dangerous crossing from France to the southern coast of England on small, often unseaworthy boats. | The government hopes its agreement with Rwanda, which was struck last year, will deter asylum seekers from making the dangerous crossing from France to the southern coast of England on small, often unseaworthy boats. |
| The British government has also reached a deal with Albania’s government to return Albanian asylum seekers to that country if their claims are rejected, an agreement that appears to have helped reduce the number of small boat crossings slightly. So far in 2023, there have been 10,139 arrivals, according to the latest data released by the home office, compared with more than 11,300 by mid-June last year. | The British government has also reached a deal with Albania’s government to return Albanian asylum seekers to that country if their claims are rejected, an agreement that appears to have helped reduce the number of small boat crossings slightly. So far in 2023, there have been 10,139 arrivals, according to the latest data released by the home office, compared with more than 11,300 by mid-June last year. |
| The numbers are small relative to the scale of legal immigration into Britain, which exceeded 600,000 last year. But unauthorized arrivals are a visible embarrassment to pro-Brexit Conservative lawmakers who promised to “take back control” of the country’s frontiers when Britain left the European Union. | The numbers are small relative to the scale of legal immigration into Britain, which exceeded 600,000 last year. But unauthorized arrivals are a visible embarrassment to pro-Brexit Conservative lawmakers who promised to “take back control” of the country’s frontiers when Britain left the European Union. |
| Some of the harshest rhetoric has come from the home secretary, Suella Braverman, who told a meeting at the Conservative Party’s annual conference last year that it was her “dream” to see a flight depart for Rwanda. A last-minute challenge grounded the first planned flight last June and suspended the program until the matter was resolved in the courts. | Some of the harshest rhetoric has come from the home secretary, Suella Braverman, who told a meeting at the Conservative Party’s annual conference last year that it was her “dream” to see a flight depart for Rwanda. A last-minute challenge grounded the first planned flight last June and suspended the program until the matter was resolved in the courts. |
| More recently Ms. Braverman described the arrival of small boats on Britain’s shores as an “invasion,” and critics have accused the government of stoking culture wars ahead of a general election that is expected to take place in the second half of next year. | More recently Ms. Braverman described the arrival of small boats on Britain’s shores as an “invasion,” and critics have accused the government of stoking culture wars ahead of a general election that is expected to take place in the second half of next year. |
| The prime minister, too, seems to see his migration policy as a political weapon — whether or not flights ever leave for Rwanda. He has described Keir Starmer, a former chief prosecutor who leads the opposition Labour Party, which opposes the policy, as “just another lefty lawyer standing in our way.” | The prime minister, too, seems to see his migration policy as a political weapon — whether or not flights ever leave for Rwanda. He has described Keir Starmer, a former chief prosecutor who leads the opposition Labour Party, which opposes the policy, as “just another lefty lawyer standing in our way.” |
| In December, the High Court ruled in favor of the Rwanda plan but also said that specific deportation cases should be reconsidered. Campaigners against the policy then appealed that decision, leading to the judgment on Thursday. | In December, the High Court ruled in favor of the Rwanda plan but also said that specific deportation cases should be reconsidered. Campaigners against the policy then appealed that decision, leading to the judgment on Thursday. |
| The continuing legal uncertainty leaves doubt as to when — or whether — the highly contentious policy would be put into action. | The continuing legal uncertainty leaves doubt as to when — or whether — the highly contentious policy would be put into action. |
| “After today’s judgment, it’s time the government abandoned its brutal Rwanda policy and any alternative proposal to shirk the U.K.’s responsibility for people seeking asylum,” said Steve Smith, the chief executive officer of Care4Calais, a refugee charity that brought an earlier legal challenge against the policy. | “After today’s judgment, it’s time the government abandoned its brutal Rwanda policy and any alternative proposal to shirk the U.K.’s responsibility for people seeking asylum,” said Steve Smith, the chief executive officer of Care4Calais, a refugee charity that brought an earlier legal challenge against the policy. |
| “Instead, they should offer safe passage to refugees in Calais as the effective and compassionate way to put smugglers out of business, end small boat crossings and save lives,” he said, referring to the port city in northern France that many migrants use as a point of departure. | “Instead, they should offer safe passage to refugees in Calais as the effective and compassionate way to put smugglers out of business, end small boat crossings and save lives,” he said, referring to the port city in northern France that many migrants use as a point of departure. |
| In a statement, the government of Rwanda said that the issue was one for the British courts, but it disputed the notion that Rwanda was not a safe country for asylum seekers. “Rwanda is one of the safest countries in the world and we have been recognized by the U.N.H.C.R. and other international institutions for our exemplary treatment of refugees,” it said, referring to the refugee agency of the United Nations. | In a statement, the government of Rwanda said that the issue was one for the British courts, but it disputed the notion that Rwanda was not a safe country for asylum seekers. “Rwanda is one of the safest countries in the world and we have been recognized by the U.N.H.C.R. and other international institutions for our exemplary treatment of refugees,” it said, referring to the refugee agency of the United Nations. |
| Under its deal with the small African nation, Britain is paying Rwanda more than £120 million, or $152 million, in development funding and will also pay for the processing and integration costs for each relocated person. People granted asylum in Rwanda would not be able to return to Britain. | Under its deal with the small African nation, Britain is paying Rwanda more than £120 million, or $152 million, in development funding and will also pay for the processing and integration costs for each relocated person. People granted asylum in Rwanda would not be able to return to Britain. |
| An economic impact assessment released by the Home Office this week estimated that the gross cost of relocating each individual was £169,000, or about $213,000. | |
| In defending its plans, the government has cited policies implemented by Australia, which employs offshore asylum processing, and argued that such hard-line policies are the only way to destroy the business model of people smugglers. | In defending its plans, the government has cited policies implemented by Australia, which employs offshore asylum processing, and argued that such hard-line policies are the only way to destroy the business model of people smugglers. |
| The U.N. refugee agency and other legal experts have questioned whether the asylum agreement with Rwanda is compatible with Britain’s obligations under refugee and human rights laws. | The U.N. refugee agency and other legal experts have questioned whether the asylum agreement with Rwanda is compatible with Britain’s obligations under refugee and human rights laws. |
| Mr. Sunak, in a part of his statement on Thursday that seemed directed at voters, said that his policy was “very simple, it is this country — and your government — who should decide who comes here, not criminal gangs.” | Mr. Sunak, in a part of his statement on Thursday that seemed directed at voters, said that his policy was “very simple, it is this country — and your government — who should decide who comes here, not criminal gangs.” |
| Speaking for the Labour Party, Yvette Cooper, the shadow home secretary, said the Rwanda plan was unraveling, describing it as “unworkable, unethical and extortionate, a costly and damaging distraction from the urgent action the government should be taking.” | Speaking for the Labour Party, Yvette Cooper, the shadow home secretary, said the Rwanda plan was unraveling, describing it as “unworkable, unethical and extortionate, a costly and damaging distraction from the urgent action the government should be taking.” |