Rishi Sunak stated that the government “will seek permission to appeal this decision to the Supreme Court.” Credit: Leon Neal/Reuters
Downing Street is confident it can deport migrants to Rwanda despite the Court of Appeal blocking the plan on Thursday, The Telegraph understands.
Rishi Sunak is said to be “positive” about the prospect of overthrowing the decision after announcing that the government will seek permission to appeal the decision to the Supreme Court.
The prime minister said he “fundamentally disagrees” with Court of Appeal, which ruled that Rwanda was unsafe and therefore the deportation of asylum seekers was illegal.
Three judges of the Court of Appeal ruled two of them, one of which was that there was a real risk that asylum seekers resettled in Rwanda would be erroneously returned to their countries.
This would put them at risk of torture or inhuman treatment, in violation of Article 3 of the European Convention on Human Rights (ECHR).
This decision is a major blow to Mr. Sunak's promise to stop the trials, as Rwanda is critical to the success government bill on illegal migration.
The Irregular Migration Bill gives Ministers the power to detain and deport any migrant entering the UK illegally to a safe third country such as Rwanda or their country of origin.
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However, the Government considers that his case before the Supreme Court was strengthened by a two-for-one split of the decision, which resulted in Lord Burnett, Lord Chief Justice, disagreeing with his two colleagues and declaring Rwanda safe.
The source said the government was “positive” about its chances of an appeal, if successful. “The dissenting opinion of the Lord Chief Justice, the most senior judge in this bench, is very strong,” the source said.
In the House of Commons, Home Secretary Swella Braverman cited her decision that there was no “real risk” of sending deported petitioners asylum to unsafe countries from Rwanda as she had no return agreements with any of the countries from which they came.
“I have great confidence in his special judgment,” she told deputies. “We are working hard day in and day out to take action, to present our bill, to provide additional resources, to secure our partnership with Rwanda.
“I believe we will get it done. promise and in the end we'll get our way.”
Sir Robert Buckland, former Attorney General and Lord Chancellor, said the government should be “positive” about its prospects in any Supreme Court case, adding: “The government has a strong case.”
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Ministers have until July 6, next Thursday, to file an appeal against the decision because the Court of Appeal wants the decision “promptly”. If successful, the ministers look forward to a possible Supreme Court hearing in October, with a decision not until the end of November.
Even if it is expedited and the government wins, it could still be challenged in the European Court of Human Rights, which could further delay it. However, ministers are taking on the power to override rule 39 injunctions that were used to stop the first deportation flight out of Rwanda last June.
On Thursday, a spokesman for Mr. will Downing Street believe that any migrants will be sent to Rwanda before the next election, which is expected at the end of next year.
The Prime Minister said: “Rwanda is a safe country. The Supreme Court agreed. UNHCR [the United Nations refugee agency] has its own program for Libyan refugees in Rwanda. We will now seek permission to appeal this decision to the Supreme Court.
“The policy of this government is very simple – it is this country and your government that should decide who comes here, not criminal gangs. . And I will do whatever it takes to make it happen.”
In a statement to the House of Commons, Ms Braverman accused “false humanism” of hindering efforts to stop the Channel crossing, saying the system was “rigged against the British people.”
When asked if she blamed ” left-wing lawyers” or “drop” for Thursday's defeat, she told broadcasters: “The system is rigged against the British people, it's that simple. That's why we're changing the laws with our illegal migration bill.”
A government spokesman for Rwanda said it “doesn't agree” with the ruling and is “one of the safest countries in the world.” .
“Rwanda is one of the safest countries in the world, and UNHCR and other international organizations have recognized us as exemplary in the treatment of refugees,” she said.
Sir. Keir Starmer criticized the Rwanda policy as an “attractive gimmick”, stating: “The court ruling shows that they [the government] spent that £140m of taxpayer money without even checking the basics to see if the scheme was really fit for the purpose.” ”, he said.
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