Suella Braverman wins go-ahead to appeal Rwanda decision to Supreme Court

Suella Braverman visits the Kigali Business Administration Academy on a trip to Rwanda earlier this year. Credit: Stéphane Rousseau/PA Wire

Suella Braverman won approval to challenge last month's Supreme Court ruling that Rwanda's migrant policy was illegal.

The Court of Appeal allowed the minister of the Interior to take her case to the Supreme Court to decide if Rwanda's policy is legal.

It follows from the decision of the three judges of the Court of Appeal, by a two-to-one majority, that there is a real risk that that asylum seekers who have moved to Rwanda would be mistakenly returned to their countries.

They stated that this would expose them to the risk of torture or inhuman treatment, in violation of Article 3 of the European Convention on Human Rights (ECHR).< /p>

The decision was a major blow to Rishi Sunak's promise to «stop the boats» as Rwanda's policies are critical to the success of the government's Illegal Migration Bill.

The Illegal Migration Act gives ministers the power to detain and deport any migrant arriving illegally to the UK, to a safe third country such as Rwanda, or to their home country.

However, ministers were encouraged by the fact that Lord Burnett, Lord Chief Justice, disagreed with the verdict and said that he believed Rwanda was a safe country. Last month, Mr Sunak said that he “fundamentally disagrees” with the decision of the Court of Appeal, adding: “Rwanda is a safe country. The Supreme Court agreed. UNHCR [the United Nations refugee agency] has its own refugee scheme for Libyan refugees in Rwanda.

“The policy of this government is very simple – this country and your government should decide who will come here, not criminal gangs. And I will do whatever it takes to make it happen.”

The Supreme Court is likely to hear the case in October, when the judges return from summer vacation. It is likely that all 12 judges will be involved in such an important issue. Either the government or Asylum Aid, the asylum seekers and the charity can still take the European Court of Human Rights if they lose.

This means the first flights to Rwanda are unlikely to take place before the New Year . They have been blocked since last June, when a single ECtHR judge issued an injunction that stopped the first flight on the runway until the legality of the policy could be determined by the British courts.

The verdict came after as the government suffered a string of defeats for the Illegal Migration Bill in the Lords on Wednesday night. These include restrictions on the detention of children, modern protection against slavery and the provision of safe and legal routes for refugees to the UK.

This comes after the House of Commons struck down many previous Lords amendments despite the uprisings. Conservative MPs worried about flagship reforms.

The bill will have to return to the House of Commons next Monday in a parliamentary ping-pong battle as the government attempts to repeal the new amendments.