Rwanda deportation policy ruled unlawful

Earlier today, the Court of Appeal ruled the Rwanda plan unlawful, removing imminent threats to more people being unable to access justice.  

The Bevan Foundation welcomes the Court of Appeal decision that deporting asylum seekers arriving by irregular routes to Rwanda is unlawful. It removes the threat of deportation whilst there being a serious shortage of immigration legal aid and advice, which would result in many more people being unable to access justice.  

Court of Appeal Judges, Lord Burnett, Sir Geoffrey Vos, and Lord Justice Underhill ruled by a majority of two to one that the UK Government plan to send asylum seekers to Rwanda to process their claims, is unlawful on the grounds of inhumane and degrading treatment, overruling the previous High Court judgement.  

The Court of Appeal concluded that because of the failings in Rwanda’s asylum system, and the risk of being returned to their home country where they face persecution, that there are substantial grounds for believing that removal of asylum seekers to Rwanda gives rise to a real risk of a breach of Article 3 of the European Convention on Human Rights. Although, it is likely the decision will be appealed to the Supreme Court of Justice.  

Ensuring that people can exercise their right to asylum in the UK is essential and includes hearing claims here, and with access to lawyers. The Rwanda plan, part of the Illegal Migration Bill and attempt to stop small boats crossing the channel, would see a huge risk of deportation without access to legal advice and the courts. 

For more information on how our Access to Justice project is looking to increase access to immigration advice in Wales, click here.