THE UK Government is facing the prospect of its flagship asylum policy to deport migrants to Rwanda being halted in a court ruling.
Court of Appeal judges are expected to deliver a verdict on Monday afternoon which could put the plans – which have been criticised as breaching the human rights of migrants – on hold.
It comes as pressure grows on the Government to scrap the agreement with Rwanda, which sees the African nation provided with development funding in exchange for taking refugees who have made "illegal" Channel crossings to the UK.
Prince Charles reportedly called the policy “appalling” in private remarks and a number of MPs have signed a letter pleading with Boris Johnson to drop the policy.
Joanna Cherry, the SNP MP for Edinburgh South West added her name to the letter on Monday, but said her “faith is in the courts, not this law-breaking UK Government”.
I’ve added my name to this cross-party MP letter to @BorisJohnson urging him to halt the deportation flights to #Rwanda but tbh my faith is in the courts not this law breaking U.K. Govt #StopTheFlights pic.twitter.com/y6tI5G3WM2
— Joanna Cherry QC (@joannaccherry) June 13, 2022
A High Court ruling paved the way for the first flight – due to take off on Tuesday – to go ahead but an appeal has been lodged by the Public and Commercial Services union (PCS), which represents more than 80% of Border Force staff, and charities Care4Calais and Detention Action.
Lawyers for the three groups and one person due to be removed are asking for an interim block on removing the 11 people due on Tuesday’s flight until the full hearing of whether the policy is lawful next month.
Raza Husain QC, a lawyer for the anti-deportation side, said the policy featured “a serious interference with basic dignity”.
He said in written submissions: “The policy presently involves executive detention, forcible removal from the jurisdiction, transportation to a country from which they have not sought protection and to which they do not wish to go, in circumstances where the individuals concerned are exercising a legal right; and their removal is intended to deter others.
“This amounts, on any view, to a serious interference with basic dignity … where those individuals have already suffered significant trauma and have mental health issues.”
Husain also warned the UK Government could open itself to “significant” costs if it was later ruled individuals sent to Rwanda were entitled to be brought back to Britain.
The Home Office’s lawyer Rory Dunlop QC said: “The flight tomorrow is important.
“This is a policy which is intended to deter dangerous and unnecessary journeys, journeys from safe third countries by people who do not need to make that journey to be safe, they can claim in France or wherever it is.
“This is a policy that if it works, could save lives as well as disrupting the model of traffickers.”
Another case is due to be heard on Monday afternoon in the High Court, launched by charity Asylum Aid, to stop the flights.
Lord Justice Singh, Lady Justice Simler and Lord Justice Stuart-Smith are due to give their decision on the appeal on Monday afternoon.
Johnson has said delays to implementing the policy had been expected by the Government.
He said: “I always said that it will begin with a lot of teething problems and you will have a lot of legal action against it and they will try and delay it – that’s inevitable.”
