Law courts will deliver their verdict on Monday on whether plans to export asylum seekers are lawful
As the plans developed, the criticisms from government officials multiplied: extrajudicial killings; the recruitment of refugees to conduct armed operations in neighbouring countries, including children aged 15-17 to fight across Rwanda’s border in the east of the Democratic Republic of the Congo; a red traffic-light rating in relation to; and a clear recommendation made to the director general at the Home Office on 23 April 2021 not to pursue Rwanda as an option.
The UN refugee agency UNHCR has been particularly vocal in its criticism of the Rwanda scheme. Disclosures show the agency’s opposition to offshore processing deals as “burden shifting rather than responsibility sharing” was well known by the government. A memorandum of understanding has been signed between UK and Rwanda but if either side breaches it no court can hold the parties to account because a MoU is less legally binding than a treaty.
The two judges in the case, Lord Justice Lewis and Mr Justice Swift, have heard several separate cases about the Rwanda deal, including one from several asylum seekers – alongside the charities Care4Calais and Detention Action, and the PCS union – and another from the charity Asylum Aid. What is almost certain is that whoever is on the ‘losing side’ of tomorrow’s judgment will appeal. The judgment could trigger a series of appeals through all the domestic courts and on to the European court of human rights. The timescale and chances of the home secretary’s ‘dream’ of getting a Rwanda flight into the air remain unclear.Hayat an asylum seeker from Eritrea, lost both his parents when he was a child.
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