In a groundbreaking decision, the Supreme Court of Britain dealt a significant blow to Prime Minister Rishi Sunak's administration by declaring its contentious plan to send migrants to Rwanda as illegal. The court's five justices, in a unanimous ruling, expressed concern that asylum-seekers sent to Rwanda would face a "real risk of ill-treatment" if returned to their home countries.
This ruling marks a pivotal moment in the ongoing debate over the government's approach to curbing migration, particularly those attempting to reach Britain via small boats across the English Channel. Despite the setback, Sunak remained steadfast in his commitment to preventing such arrivals, emphasizing the exhaustive planning done in recent months.The decision was met with approval from refugee and human rights groups, with ActionAid U.K. calling it a validation of "British values of compassion and dignity." Amnesty International urged the British government to distance itself from what they described as a "disgraceful chapter in the U.K.’s political history."The legal battle revolved around a deal signed between Britain and Rwanda in April 2022, aiming to process asylum claims of migrants arriving as stowaways or in boats.
The government argued that this strategy would deter dangerous crossings and disrupt the operations of people-smuggling gangs. However, critics, including opposition politicians and human rights organizations, dismissed the plan as both unethical and impractical. President of the Supreme Court, Robert Reed, highlighted Rwanda's poor human rights record, including instances of enforced disappearances and torture. The court expressed skepticism about Rwanda's ability to keep promises not to mistreat asylum-seekers sent from Britain, citing the country's practice of "refoulement" – returning migrants to unsafe home countries. Despite the U.K. government's argument that Rwanda has stabilized since the 1994 genocide, critics pointed out concerns of political repression.
The court's judgment underscored numerous rights breaches, including political killings that led U.K. police to warn Rwandan nationals of credible threats. This ruling not only raises questions about the viability of the government's migration policy but also exposes the financial toll it has taken, with at least £140 million ($175 million) paid to Rwanda without any migrants being sent. The policy, already halted once in June 2022 by the European Court of Human Rights, faces an uncertain future. As the government contemplates its next steps, the Supreme Court judges emphasized that the needed structural changes and capacity-building to make Rwanda a safe country are not currently in place. This decision leaves the door open for potential reconsideration in the future, but for now, it signifies a resounding rejection of a policy that has sparked international attention and condemnation.