The British Supreme Court on Wednesday, November 15, confirmed the illegality of the government’s highly controversial plan to deport asylum seekers to Rwanda, wherever they come from, who arrived illegally on British soil. The senior magistrates thus rejected the appeal from Rishi Sunak’s government and upheld the decision of the court of appeal which concluded that Rwanda could not be considered a safe third country.
“We contest the decision that Rwanda is not a safe third country for asylum seekers and refugees,” said Yolande Makolo, a spokesperson for the Rwandan government, after the decision was delivered and after months of controversy and legal battle.
The project is a flagship move by UK Prime Minister Rishi Sunak, who took over from Boris Johnson a year ago, as part of his promise to “stop the boats” and tackle illegal immigration . Immigration was at the heart of the Brexit referendum debate in 2016 and is likely to be a major issue ahead of next year’s elections, in which Labor is favored.
An expulsion in exchange for 160 million euros
Signed in April 2022 under the Conservative government of Boris Johnson, the “migration and economic development partnership” provides a one-way ticket to Rwanda for migrants who arrive illegally on British soil, whatever their origin. This agreement, which runs for a period of five years, provides for London to pay Kigali 140 million pounds sterling (160 million euros), a sum allocated to development aid and the care of migrants. expelled, with the idea that they would settle in Rwanda.
Boris Johnson’s government at the time insisted on the need to find new solutions due to the failure of the British asylum system to cope with the increase in immigration. London was banking on this solution to dissuade migrants from crossing the Channel aboard small inflatable boats.
Boris Johnson’s supporters welcomed this project, believing that it was a solution to deal with the phenomenon of small boats and alleviate the pressure induced by the number of asylum seekers. Some 45,000 people made the crossing in 2022. Opponents believe that the project is contrary to international law and accuse it of being impossible to implement, immoral, complicated and expensive.
No migrants have yet been expelled. The first were ready to take off for Rwanda in June 2022, but the European Court of Human Rights had suspended the implementation of the project pending a decision on the merits.
The High Court of Justice first ruled, in December 2022, on the legal project, then, in June 2023, the Court of Appeal overturned the first instance judgment, finding that Rwanda is not a safe third country and citing the “failings” of its asylum system. It ruled that the migrants were at risk of expulsion from Rwanda to their country of origin where they would risk persecution, which contravenes Article 3 of the European Convention on Human Rights on torture and inhumane treatment.
