“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.”
With these words, judges of the Court of Appeal in the United Kingdom, on Thursday, halted the move by London to deport asylum seekers to Rwanda, adding that the move also offended an aspect of the European Union (EUs) laws against torture of persons.
In a programme being pushed vigorously by British Prime Minister, Rishi Sunak, the United Kingdom government has been planning to deport asylum seekers to the East African country as part of a 120 million pound ($148m) deal to deter people from crossing the English Channel from France in small boats.
Three judges of the appellate court, who gave the verdict maintained unless deficiencies in Rwanda’s asylum system were addressed, removal of asylum seekers to Rwanda will be unlawful, adding there existed the likelihood of the government of the African country returning the deportees back to their original countries where they could face danger.
Agreeing with migrants and campaigners who brought the case that the UK government could not guarantee that asylum seekers sent to Rwanda would not be deported to the country from which they were fleeing, the court said that, although made in good faith, the proof the Rwandan government presented did not ascertain that the required changes had by then been reliably effected or would have been at the time of the proposed removals.
“In consequence, sending anyone to Rwanda would constitute a breach of article 3 of the European Convention on Human Rights” which states that no one shall be subjected to torture, inhuman or degrading treatment or punishment, they added.
The United Kingdom government has been planning to deport asylum seekers to the East African country as part of a 120 million pound ($148m) deal to deter people from crossing the English Channel from France in small boats.
Asylum Aid director Alison Pickup said many of her clients were breathing a sigh of relief.
Al Jazeera, quotes Alison Pickup, Asylum Aid Director as saying that many of her clients were breathing a sigh of relief, saying: “Some of them have experienced torture, they’ve had very traumatic journeys, and have been waiting for over a year to find out if they will be able to make a case in the UK – or if they will be sent to Rwanda, a country they know nothing about.
Sunak made “stop the boats” one of his priorities and hopes a fall in arrivals might help his Conservative Party pull off a win at the next national election.
The Rwanda plan was announced in April last year, but the first deportation flight was blocked 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, along with human rights organisations, who blasted the plan as “cruel”, “inhumane” and “neo-colonial”.
Home Secretary Suella Braverman in April said Rwanda was a safe country for the resettlement of asylum seekers but declined to set any deadline for the first deportations there.
The government has put forward a series of bills aimed at curbing migration that have been strongly criticised by civil society.
In March, it proposed a contentious new law that would allow authorities to deport people arriving on its shores via small boats across the English Channel that divides the island from France.
Several charities and human rights groups criticised the plan – known as the illegal Migration Bill – saying it criminalises the efforts of thousands of genuine refugees.
More than 45,000 people entered by crossing the channel in 2022, according to government figures – a jump of more than 17,000 from the previous year’s record.