Home Office warns ECJ intervention poses 'critical' threat to Rwanda plan

Rishi Sunak has been warned of a “high risk” of European judges blocking deportations to Rwanda. Photo: Leon Neal/PA

Home Office officials have warned of a “high risk” of European judges blocking deportations to Rwanda, The Telegraph reports.

A “risk register” compiled by civil servants highlighted The prospect of a new injunction from Strasbourg poses a serious threat that could derail a scheme designed to prevent migrants crossing the English Channel illegally.

He also warned of the risk of «an increase in the number of persons absconding before being apprehended» leading to «possible delays to the first flight if insufficient numbers are available» — and suggested the Ministry of Defense was preparing contingency aircraft to transport migrants to Rwanda if charter companies abandoned the job.

The disclosure will heighten concerns among right-wing conservatives about potential shortcomings in the government's plan to begin deportation flights to Rwanda with a new bill introduced last month in an attempt to avoid further legal blockages. Conservative MPs are preparing for a battle over the bill when Parliament returns from the Christmas break this week.

Amid public anger over illegal migration, a Public First poll last month shows that 43 per cent of people planning to vote Conservative at the next election would consider voting for a party led by Nigel Farage.

Flights to Rwanda have been suspended since June 2022, when the European Court of Human Rights (ECHR) issued an 11th-hour Rule 39 ruling, dubbed the “pyjama ban,” blocking the first flight.

In the past The Illegal Migration Act gave ministers the power to override future Rule 39 orders.

But a Tory Brexit star chamber that reviewed the Prime Minister's latest Rwanda Bill suggested that, among other changes, the Bill should be revised to ensure that Rule 39 bans are ignored by ministers.

Their sentence came after Suella Braverman, the former home secretary sacked by Mr Sunak, told The Telegraph last month that Victoria Prentice, the attorney general, «advised that ignoring the Rule 39 ban would be a breach of international law. Therefore, as it remains in force, Regulation 39 will block flights.»

The Home Office risk register, seen by The Telegraph, was compiled in the autumn to analyze «the critical risks that could affect the operation of the first flight » within the framework of the Migration Law. and the Economic Development Partnership, which allows the UK to send migrants to Rwanda who would otherwise seek asylum in the UK.

A small number of risks listed in the document were categorized as “high risk”, including “imposition” Measures R39 of the ECtHR.” Under the heading “Impact,” the document talks about this scenario: “Migrants released on bail. Not enough people remain in custody.”

The document adds that measures to mitigate such a scenario include providing “adequate time for training and quality decision-making,” as well as “counseling support for initial decisions and letters.” .