The UK Supreme Court is set to hear the government’s appeal on Monday against a ruling that blocked its plan to deport asylum seekers to Rwanda. This deportation plan was a key component of the government’s pledge to reduce migrant numbers, and the outcome of the appeal has significant implications, especially with an election on the horizon.
In June, three Court of Appeal judges deemed Rwanda as an unsafe third country, following a challenge by 10 migrants and a charity supporting asylum seekers. This ruling was a blow to Conservative Prime Minister Rishi Sunak, who had promised to “stop the boats” as part of his pre-election pledges earlier this year. The government had also passed legislation to block asylum applications from individuals arriving by small boats.
Since 2018, over 100,000 migrants have crossed the English Channel in small boats from France to southeast England. This year alone, approximately 24,000 migrants have made the dangerous crossing, with higher numbers during the summer months when sea conditions are calmer.
Addressing asylum claims has become a significant challenge for the UK government, which aimed to regain control of its borders after leaving the European Union. Former Prime Minister Boris Johnson introduced the deportation proposal last year in an attempt to stem the increasing number of arrivals. However, the plan faced opposition from rights groups and charities, resulting in successful legal action to block the first removal flights.
In December 2022, two High Court judges dismissed claims regarding the legality of the deportation scheme. Subsequently, the 10 asylum seekers from various countries, along with the charity Asylum Aid, appealed the decision. The Court of Appeal judges agreed with their argument, stating that the UK government could not guarantee the safety of asylum seekers sent to Rwanda, as there was a “real risk” of them being returned to their home countries where they may face persecution or inhumane treatment.
Despite this setback, government ministers reportedly believe they have a strong chance of winning the appeal. It is rumoured that plans are already underway to deport over 4,000 migrants before the upcoming election, which is expected to take place next year. The Home Office is aiming for February 2024 for the first deportation flight, with hopes that lower migrant numbers during that period will discourage people smugglers.
In response to the deportation plan, the main opposition Labour Party, currently leading in the polls ahead of the general election, has announced that it would abandon the Rwanda proposal if voted into power. Party Leader Keir Starmer described the plan as “hugely expensive” and “wrong,” emphasising that Labour would not pursue it even if the Supreme Court ruled in the government’s favour.
