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Court of Appeal in London Rules Illegal the UK’s Plan to Deport Asylum Seekers to Rwanda

Stand Up To Racism activists with placards outside the High Court in London (stock image).

© Kirsty Wigglesworth/AP/dpa

The British government wants to deter uninvited asylum seekers by simply sending people on to Rwanda in East Africa. But in court, London fails for the time being.

London – lock up, deport – see you never again! Anyone who comes to Great Britain without a permit should leave quickly. That’s what the conservative government promised its voters and made a controversial pact with East African Rwanda.

But Prime Minister Rishi Sunak and Interior Minister Suella Braverman’s plan isn’t going to be as easy as portrayed. Because the plan to deport asylum seekers to the East African country, regardless of their origin and personal background, without the right to return, is illegal. That was decided by the Court of Appeal in London on Thursday – and thus caused a setback for Sunak.

Conservative forces in Great Britain have long complained that the number of irregular migrants is far too high. According to official figures, more than 45,000 people, mostly in small boats, crossed the English Channel into the country in 2022, a record. This is also due to the fact that, according to civil rights activists, there are almost no official entry routes for refugees from Syria, for example.

No more readmission agreement with the EU

In addition, the UK has never developed a major capacity to receive migrants. This was not necessary for a long time, because as a member of the EU, London could simply return unwanted arrivals to the mainland. But since Brexit, there has been no return agreement with the EU. Many people are staying in hotels as a result, costing taxpayers millions of pounds a day. London has increased cooperation with Paris and is paying the French a lot of money for additional patrols on the beaches. But that doesn’t stop the crossings.

Since an agreement with the EU is not in sight, the government is backing the controversial deal with Rwanda. The authoritarian leadership in Kigali, which critics accuse of violating human rights, has so far been the only one that has agreed to an agreement. According to reports, Albania and the British overseas territories of Gibraltar and Ascension, among others, had previously rejected it. The model is Australia’s internationally criticized approach of detaining migrants in Papua New Guinea or on the Pacific island of Nauru.

The issue is a sensitive one for Prime Minister Sunak. The government had promised that with Brexit, Great Britain would finally decide for itself who came into the country. “Take back control” was the slogan that convinced many to leave the EU. Now Sunak’s populist promise is: “Stop the boats”. But as long as he does not implement this, the right wing of his Conservative Party is likely to drive him before him.

Plans are stuck

In fact, the plans are not progressing. In the summer of 2022, the European Court of Human Rights stopped the only previously planned flight to Rwanda with an injunction. Although the High Court ruled in favor of the British government, activists appealed against the first-instance verdict – and were now right. According to the judges, it cannot be ruled out that people seeking protection from Rwanda will be deported back to their home countries, even though they have a right to asylum.

The legal battle continues, the government plans to appeal to the UK Supreme Court. “While I respect the court, I fundamentally disagree with its conclusions,” Sunak said. He takes the position that such decisions should only be made by elected representatives of the people and not by judges.

The Rwandan government also criticized the decision. “We disagree with the verdict that Rwanda is not a safe country for asylum seekers and refugees,” said the government spokeswoman. “Rwanda is one of the safest countries in the world and we have been recognized by the UN High Commissioner for Refugees and other international institutions for our exemplary treatment of refugees.” Despite the verdict, Rwanda wants to stick to the partnership. This is extremely lucrative for Kigali: a one-time payment of £140 million (€163 million) was initially agreed for the deal. For every deportee there is more.

In London, calls for what ITV presenter Robert Peston calls the “nuclear” option are now likely to increase – for Britain to leave the European Convention on Human Rights (ECHR), which it co-founded in 1951. But such a step, experts warn, would have unforeseeable consequences, and not just for migration policy. Thus, the ECHR is a fundamental pillar of the peace agreement in Northern Ireland. dpa

2023-06-29 13:19:16
#British #asylum #pact #Rwanda #fails #court

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