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Court rules UK plan to send asylum seekers to Rwanda as unlawful

  • By Al Mayadeen English
  • Source: Agencies
  • 29 Jun 2023 16:51
3 Min Read

The government will likely move the case to the UK Supreme Court, which will further put on hold deportation procedures and plans.

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  • A demonstrator holds a placard during a protest against Britain's Rwanda asylum plan outside the High Court in London on June 13, 2022 (AFP)
    A demonstrator holds a placard during a protest against Britain's Rwanda asylum plan outside the High Court in London on June 13, 2022 (AFP)

The Court of Appeal in the UK ruled on Thursday that the UK government's plan to send asylum seekers to Rwanda was unlawful on account that Rwanda could not be considered a safe third country - "unless and until deficiencies" in the African nation's asylum system were amended, "removal of asylum seekers to Rwanda will be unlawful."

"The deficiencies in the asylum system in Rwanda are such that there are substantial grounds for believing that there is a real risk that persons sent to Rwanda will be returned to their home countries, where they faced persecution or other inhumane treatment," said the judges.

The majority of the judges stated that though made in good faith, the evidence presented does not establish that the necessary changes had by then been reliably effected or would have been at the time of the proposed removals.

Read next: UK uses Rwanda deportation card as threat against asylum seekers

"In consequence, sending anyone to Rwanda would constitute a breach of article 3 of the European Convention on Human Rights," which forbids torture, inhuman or degrading treatment, or punishment, they added.

'Rare good news'

Government Spokesperson Yolande Makolo commented, "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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Makolo argued that Rwanda was "one of the safest countries in the world" and "we have been recognized by the UNHCR and other international institutions for our exemplary treatment of refugees."

The government will likely move the case to the UK Supreme Court, which will further put on hold deportation procedures and plans.

UK Director of Human Rights Watch Yasmine Ahmed saw the verdict as "some rare good news in an otherwise bleak landscape for human rights in the UK."

"Rather than treating human beings like cargo it can ship elsewhere, it (the government) should be focusing on ending the hostile environment towards refugees and asylum seekers," she continued.

Read next: UK standing imperiled if Rwanda deportation scheme is applied

Saving money over lives 

The controversial UK proposal to deport asylum seekers to Rwanda will cost £169,000 ($210,000) per person, despite the government's insistence that it would recover most of the expenses, as per an impact assessment published Tuesday.

The UK's Conservative government wants to outlaw asylum claims by all irregular arrivals and transfer them to "safe" third countries, such as Rwanda, to stop thousands of migrants from crossing the Channel on small boats.

The government said up to £165,000 could be recouped due to saved costs from reduced asylum support.

London also hopes the program will act as a deterrent factor.

  • asylum seekers
  • UK
  • Rwanda

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