Rwanda is “less attractive” than the UK but is still “safe” to deport asylum seekers to, the Government told the Supreme Court yesterday.
Lawyers acting for the Home Office opened the Government’s challenge to a Court of Appeal ruling in June that the multi-million-pound deal to deport asylum seekers to the east African nation was unlawful.
Yesterday, Sir James Eadie KC, for the Home Office, told a panel of five justices both countries were committed to the plan with “very powerful” practical incentives for Rwanda to comply with assurances given.
He said the policy to remove people to “a country less attractive” than the UK, “but nevertheless safe”, was lawful and explained that the Government attached “considerable importance” to its deportation policy.
Sir James told the hearing there was a “serious and pressing need to take effective steps” to stop those taking the “life-threatening journey” from a safe country.
He later referenced concerns that had been raised over the policy and Rwanda’s history, including by the UN Refugee Agency UNHCR.
Sir James added: “The UK cannot seek to resolve those issues. That does not mean those concerns having been received should be ignored.”
In written arguments, he added that transfers “will only take place with the consent of the Rwandan authorities”. He said the “independently monitored” deal and assurances would ensure anyone sent to Rwanda “will have a safe and effective determination of their claim” compatible with human rights conventions.
The UNHCR says Rwanda lacks the “minimum components of an accessible, reliable, fair and efficient asylum system”. In a written submission, Angus McCullough KC said it was concerned about the safety and legality, adding: “UNHCR maintains its unequivocal warning against the transfer of asylum seekers to Rwanda.”
Those to be deported on the first Rwanda-bound plane in June 2022, grounded minutes before takeoff, oppose the deal. Raza Husain KC, for several of the asylum seekers, had described Rwanda as an “autocratic repressive state” which “imprisons, tortures and murders” opponents. The hearing is expected to end tomorrow with a judgment due later.
Migrants will move back to the Bibby Stockholm asylum barge next week. The vessel was evacuated after an outbreak of Legionella. Home Office sources said 38 migrants will return as “we are determined to end the use of expensive hotels”.
