The government has been given permission to take its legal battle over the deportation policy for illegal migrants in the UK to the Supreme Court. The proposed Illegal Migration Bill aims to ban individuals who arrive in the country illegally from claiming asylum and to deport them to their home country or a safe third country like Rwanda. It also includes a ban on reentry. However, last month, judges at the Court of Appeal ruled that the policy is “unlawful,” overturning a previous High Court decision.
The government immediately sought to appeal the Court of Appeal’s ruling at the Supreme Court, and their request was granted on Thursday. Home Secretary Suella Braverman welcomed the decision and defended the government’s collaboration with Rwanda under the “migration partnership” agreement. She emphasized the need for innovative solutions to combat illegal migration and prevent loss of life in the English Channel.
Braverman stated that she firmly believes the deportation policy is lawful, and both the High Court and Court of Appeal have acknowledged that relocating asylum seekers to a safe third country can be done in line with the Refugee Convention. She also emphasized that the assurances received from Rwanda regarding asylum protections are robust, and both the High Court and Lord Chief Justice agreed that the arrangements provide sufficient safeguards.
While the High Court had previously ruled the policy lawful, the Court of Appeal’s majority decision last month overturned this ruling. Judges Sir Geoffrey Vos and Lord Justice Underhill argued that deficiencies in Rwanda’s asylum system pose a “real risk” of returning asylum seekers to their home country, where they could face persecution or inhumane treatment despite having a valid claim for asylum. However, Lord Chief Justice Lord Burnett concurred with the High Court’s ruling.
In response to the Court of Appeal’s decision, Prime Minister Rishi Sunak expressed strong disagreement, stating that he firmly believes Rwanda has provided the necessary assurances to ensure that relocated asylum seekers would not be wrongly returned to third countries. He emphasized that Rwanda is a safe country and cited the agreement between the United Nations High Commissioner for Refugees and Rwanda for the resettlement of Libyan refugees as evidence. The government plans to appeal the decision at the Supreme Court.
Meanwhile, the Illegal Migration Bill continues to face contention and amendments in Parliament. The House of Lords has inflicted several defeats on the government, calling for further concessions on issues such as limiting the detention of children, ensuring modern slavery protections, and providing safe and legal routes for refugees to the UK. Immigration Minister Robert Jenrick has stated that the government does not plan to make further compromises and criticized critics of the bill for not proposing credible alternatives.
The bill is now back in the House of Commons for MPs to consider the latest changes made by the House of Lords. The debates surrounding the bill are ongoing, and there is still much discussion to be had before a final decision is reached.
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