UK High Court rejects bid to block deportation of asylum seekers to Rwanda

Moves to deport the first few dozen asylum seekers to Rwanda on 14 June will proceed, after a legal challenge attempting to block it failed.

A security guard stands next to a fence

A security guard in Rwanda's capital of Kigali stands outside Hallmark Residences, which is one of the locations expected to house some of the asylum-seekers due to be sent from Britain. Source: AAP / AP

The first flight to take asylum seeker boat arrivals in the United Kingdom to Rwanda can go ahead next week, the High Court in London has ruled after a judge
dismissed campaigners' attempts to win an injunction to stop it.

Charities and a trade union had launched a challenge against the government's
plan to send asylum seekers to the east African country, saying it was unsafe,
but the court said next Tuesday's first planned flight could take place.

The first few dozen asylum seekers are due to be deported to Rwanda on 14 June.
"There is a material public interest in the Home Secretary (Priti Patel) being
able to implement immigration decisions," Judge Jonathan Swift said.

He said some of the risks facing the deported asylum seekers outlined by the
charities were small and "in the realms of speculation".

However, the court granted human rights groups permission to appeal the decision
to the Court of Appeal.

Ms Patel welcomed the decision.

"We will continue preparations for the first flight to Rwanda, alongside the
range of other measures intended to reduce small boat crossings," she said.

The government's plan has led to an outcry from human rights groups, opposition
MPs as well as some in Prime Minister Boris Johnson's Conservative Party.

During Friday's hearing, Raza Hussain, the lawyer acting for Care4Calais,
Detention Action and the Public and Commercial Services Union (PCS), which
represents civil servants in Britain's Home Office (interior ministry), said the
scheme was unsafe and irrational.
Mr Hussain said the government had made "misleading and inaccurate" claims that the
United Nations High Commissioner for Refugees had given it the green light, and
that it was acting on false assurances about Rwanda's ability to offer
protection to asylum seekers and process their claims.

Government lawyer Mathew Gullick said the criticisms and concerns were backward-
looking and did not reflect how the migrants would be treated.

There was an "important public interest" in deterring asylum seeker boat arrivals, he
said.

However, during the course of the hearing, the court heard that a handful of the
roughly 30 people due to be deported on Tuesday would not be removed.

Clare Moseley, the founder of Care4Calais, said in total about 130 migrants -
many from Sudan, Syria, Iraq and Iran - faced deportation.

Last year, more than 28,000 migrants and refugees made the crossing from
mainland Europe to the UK.
In November, 27 people drowned in the Channel when their small rubber dinghy
deflated, and many others have needed to be rescued from the narrow seaway, one
of the world's busiest shipping lanes.

Under the government scheme, anyone who arrived in the UK via an asylum seeker boat since 1 January could be relocated to Rwanda.

The government hopes the plan will deter the Channel crossings, although more
than 3,500 people have reached the UK in small boats since the middle of April,
when the Rwanda scheme was unveiled, according to government figures.

Judge Swift said a full judicial hearing to decide on the scheme's legality would take
place before the end of July.

Israel previously attempted a similar scheme to send asylum seekers to Rwanda.
But in 2018 the Israeli Supreme Court blocked the policy, saying it was not
compatible with the United Nations' refugee convention.

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Published 11 June 2022 10:01am
Updated 11 June 2022 10:06am
Source: SBS, Reuters

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