Key Points
- Britain's government planned to send tens of thousands of asylum seekers who arrived on their shores to Rwanda.
- A UK court has now ruled the move illegal, declaring that Rwanda is not a safe third country.
- The ruling is a huge blow for Prime Minister Rishi Sunak, who has made the issue a political priority.
Britain's plan to deport asylum seekers to Rwanda is unlawful, London's Court of Appeal has ruled in a major setback for Prime Minister Rishi Sunak, who has pledged to stop migrants arriving across the Channel in small boats.
Under a deal struck last year, Britain's government planned to send tens of thousands of asylum seekers who arrive on its shores more than 6,400 kilometres to the East African country.
The controversial deal has been likened to Australia's offshore processing system.
During the 2022 election campaign, then-Australian prime minister Scott Morrison gestured to the UK deal as evidence of his government’s border policy success, saying that “other countries are taking their lead from Australia’s successful approach”.
But the UK's first planned deportation flight was blocked a year ago in a last-minute ruling by the European Court of Human Rights (ECHR), which imposed an injunction preventing any deportations until the conclusion of legal action in Britain.
In December, the High Court ruled the policy was lawful, but that decision was challenged by asylum seekers from several countries and human rights organisations.
Announcing the Court of Appeal's decision, three senior appeal judges ruled, by a majority, that Rwanda could not be treated as a safe third country.
"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 face persecution or other inhumane treatment," Judge Ian Burnett said.
The ruling is a huge blow for Mr Sunak, who is dealing with stubbornly high levels of inflation and declining public support and is under increasing pressure from his own party and the public to deal with migrant arrivals in small boats.
Rishi Sunak has made "stop the boats" one of his top five priorities and is hoping a fall in arrivals might help his Conservative Party pull off an unexpected win at the next national election.
