The UK government’s plan to send asylum seekers on a one-way trip to Rwanda is legal, two High Court judges have ruled in a victory for backers of the controversial policy.
But the judges also said on Monday that the government failed to consider the individual circumstances of the people it tried to deport, signalling further legal battles ahead.
A court hearing in the case is set for next month, and appeals are likely.
Several asylum seekers, aid groups and a border officials’ union filed lawsuits to stop the Conservative government from acting on a deportation agreement with Rwanda that would see refugees who arrive in the UK by boat sent to the East African country.
The asylum seekers would then have to present their asylum claims in Rwanda. Those not granted asylum in Rwanda would, under the plan, be able to apply to stay on other grounds or to try to get resettled in a third country.
“The court has concluded that it is lawful for the government to make arrangements for relocating asylum seekers to Rwanda and for their asylum claims to be determined in Rwanda rather than in the United Kingdom,” Judge Clive Lewis said.
But he added that the government “must decide if there is anything about each person’s particular circumstances which means that his asylum claim should be determined in the United Kingdom or whether there are other reasons why he should not be relocated to Rwanda”.
“The Home Secretary has not properly considered the circumstances of the eight individual claimants whose cases we have considered,” the judge said.
Ever Solomon, head of the charity Refugee Council, said the group was “very disappointed” by the ruling.
“Treating people who are in search of safety like human cargo and shipping them off to another country is a cruel policy that will cause great human suffering,” he said.
Welsh Refugee Council said Monday’s ruling was “truly horrific news”.
“A dark day for human rights in the UK. Our clients live in constant fear of being deported to a country with questionable history human rights,” the charity said on Twitter.
Al Jazeera’s Harry Fawcett, reporting from the Royal Courts of Justice in London, said the verdict, “a major decision made by the court in favour of the government”, could be appealed.
“If the road runs out in the UK, there is also the possibility that it could go to the European Court of Human Rights in Strasburg as well,” he said.
“And that’s where this potentially becomes even more controversial as the European Court of Human Rights has the power to rule government policy unlawful.”
More than 44,000 people who crossed the Channel in small boats have arrived in Britain this year, and several have died in the attempt, including four last week when a boat capsized in freezing weather.
Human rights groups say the government’s deal with Rwanda is illegal and unworkable, and that it is inhumane to send people thousands of miles to a country they don’t want to live in.
They also cite Rwanda’s poor human rights record, including allegations of torture and killings of government opponents. (AlJazeera)