LONDON: In a pivotal legal showdown, government lawyers are set to argue before Britain’s top court on Monday for the overturning of a ruling that deemed unlawful a proposed plan to deport migrants to Rwanda. This initiative stands as one of Prime Minister Rishi Sunak’s central policies aimed at addressing migration concerns. The June ruling by London’s Court of Appeal challenged the scheme, asserting that sending tens of thousands of migrants over 6,400 kilometers to East Africa was not legally permissible, given that Rwanda couldn’t be classified as a safe third country.
The Court of Appeal’s decision was primarily based on the assessment that those relocated to Rwanda could potentially face persecution upon return to their home countries, despite possessing valid asylum claims. Such a scenario would violate Britain’s Human Rights Act, which has incorporated the European Convention on Human Rights (ECHR) into domestic law. Consequently, this ruling dealt a significant setback to Prime Minister Sunak’s commitment to curb migrant arrivals via small boats on the English south coast.
Over the course of this week, the government will passionately present its arguments at the United Kingdom’s Supreme Court, contending that the prior ruling was erroneous. On the opposing side, advocates representing migrants from Syria, Iraq, Iran, Vietnam, and Sudan are urging the judges to declare the deportation scheme itself as unlawful.
The stakes in this legal battle are exceptionally high, with a final ruling anticipated by the year’s end, and the ramifications could be far-reaching. Prime Minister Sunak’s political standing, especially in the run-up to the anticipated elections next year, is under scrutiny, given his commitment to “stop the boats” as a key priority. Public opinion polls indicate a significant concern about immigration, a sentiment that played a pivotal role in the 2016 Brexit referendum. Additionally, the government’s handling of the immigration issue has been widely criticized by the majority of the public.
Notably, the government’s initial attempt at a Rwanda deportation flight, scheduled for June of the previous year, was halted at the eleventh hour due to an injunction by the European Court of Human Rights. This delay was to allow for the resolution of all UK legal actions related to the matter. Within Sunak’s party, there’s a growing sentiment favoring Britain’s withdrawal from the ECHR to prevent similar hindrances in the future.
Amidst this legal battle, the global landscape grapples with the challenge of managing the arrival of migrants fleeing conflict zones or seeking better prospects in the West. Comparable struggles are witnessed in the United States, where the Biden administration plans to enhance border infrastructure to deter record crossings from Mexico, and across Europe, where nations are struggling to manage the influx of migrants from various regions. This underscores the complexity and urgency of addressing the migration issue on a global scale.