Leaked documents show even Immigration Minister believes Rwanda's policies break the law

There are new concerns about Rishi Sunak's plan for Rwanda. Photo: ANDY RAIN/SHUTTERSTOCK

New concerns have emerged over Rishi Sunak's plan for Rwanda. as it emerged that the new Immigration Minister had previously raised concerns that this could breach international law.

Documents seen by The Telegraph show that Michael Tomlinson, as attorney general, told the government that plans to ignore injunctions from Strasbourg judges blocking deportation flights would put the UK in breach of the European Convention on Human Rights (ECHR).

The document, which outlines plans to ignore the orders, says: “The Attorney General and Solicitor General agreed that the provisional measures ordered by the European Court of Human Rights under Rule 39 of the Rules of Court are mandatory under international law and there is no compelling argument against.»

Rishi Sunak has instructed Mr Tomlinson, the illegal immigration minister, to ignore temporary bans by European judges under Rwanda's new security bill.

The bill is due to return to the House of Lords on Monday for its staged consideration at committee stage, when peers critical of the plans will introduce numerous amendments aimed at relaxing the legislation and removing measures they say break international norms . law.

The Prime Minister said he would not allow a foreign court to block flights to Rwanda and was prepared to ignore court injunctions. But Conservative critics are skeptical and warn that to do so he will have to ignore the advice of his own law enforcement officials. They pushed for a more radical approach, declaring injunctions optional and requiring ministers to ignore them.

A senior Conservative MP said: “That is the problem we have with this policy. It's just an attempt to push all problems aside until they come back and hit us twice as hard. It would be naive to think that you wouldn't have to block all of Strasbourg's pajama bans and still be able to get enough people into Rwanda.»

Two police officers stand next to where a Boeing 767 sits on the runway of the military base in Amesbury, Salisbury, as they prepare to fly asylum seekers to Rwanda in June 2022. Photo: JUSTIN TALLIS/AFP

However, a source close to James Cleverley, the Home Secretary, said: “This advice is a year old. It does not and could not take into account the Supreme Court decision, the new treaty with Rwanda and the bill currently before Parliament, which we believe is consistent with our obligations under international law.»

Another government source said: “This is a red herring and the new minister will judge each case as it comes. He continues to do government work rather than travel around the world to advocate political views. It is of no use to the Conservative Party and some people never made these comments when they were actually in power.»

The Rwanda plan is also being criticized today by a joint Commons and Lords committee as «fundamentally incompatible». with the UK's human rights obligations.

The Joint Committee on Human Rights said the Rwandan bill undermines human rights protections under the Human Rights Act, is contrary to rights guaranteed by the European Convention on Human Rights and is inconsistent with the obligations UK under international treaties.

A total of 124 migrants aboard three small boats arrived in the UK via the English Channel on Saturday. The latest filings bring the total for the year to 1,506, down from 2,072 at the same time in 2023 but up from 1,339 in 2022.