The Government’s Rwanda policy has been ruled lawful by the High Court, but it added that Number 10 did not “properly consider the circumstances” of some asylum seekers selected for deportation.
It follows months of controversy surrounding the policy, which sets out that illegal immigrants or asylum seekers will be flown to Rwanda to be processed, asylum and resettlement.
The policy was first announced by Priti Patel in April, and Lord Justice Lewis said it had been the “subject of considerable public debate” in that time.
“The role of the court however is only to ensure that the law is properly understood and observed and that the rights guaranteed by parliament are respected,” he added.
Judges overturned eight removal decisions and ordering it to reconsider those cases during the ruling on Monday (December 19).
Sign up for our free Indy100 weekly newsletter
A group of claimants was represented by Raza Husain QC, who indicated that the ruling might be appealed in future. Any applications for permission to appeal will be considered at a hearing on 16 January, while individual cases may still go to the European Court of Human Rights in Strasbourg.
Braverman called the scheme "humane and practical"Leon Neal/Getty Images
Making a statement in the Commons, home secretary Suella Braverman said the Rwanda policy is a "humane" and "practical alternative" for those who come to the UK through "dangerous, illegal and unnecessary routes".
"Being relocated to Rwanda is not a punishment, but an innovative way of addressing a major problem to redress the imbalance between illegal and legal migration routes," she told MPs.
"It will also ensure that those in genuine need of international protection are provided with it in Rwanda. It is a humane and practical alternative for those who come here through dangerous, illegal and unnecessary routes. By making it clear that they cannot expect to stay in the UK, we will deter more people from coming here and make such routes unviable."
The home secretary also said the policy would “deter more people” despite small boat arrivals rocketing to new records since it was announced in April.
The ruling has sparked a huge reaction. As The Independent’s Sean O’Grady wrote: “The Rwanda scheme has already involved an upfront payment of £120m and at the moment is able to house around 100 people at once and process the claims of up to 500 occupants per year. That’s about a few days’ worth of arrivals via small boats (the record for one day being about 700 people). It is absurdly costly and cumbersome, as well as cruel.”
The news also sparked discussion on social media as people spoke out against the ruling.
\u201cJudge this morning rules that deporting refugees to Rwanda is \u201clegal\u201d.\n\n\u2022 Making Rosa Parks sit at the back of a bus was legal.\n\u2022 Concentration Camps in Germany were legal.\n\u2022 Colonialism was legal.\n\u2022 Denying women the vote was legal.\n\nLegal does not make it just or right.\u201d— Howard Beckett (@Howard Beckett) 1671447687
\u201cslavery was legal. so was holocaust, chemical castration of homosexuals, burning of witches or any number of horrors. \n\njust because something is \u201clegal\u201d it does not make it right. \n\nwe are duty bound to fight against rwanda plan, and hostile environment, with everything we have.\u201d— Ben Smoke (@Ben Smoke) 1671464295
\u201cIf you have only seen the "Government Wins on Rwanda" headlines, it really is worth watching and sharing @YvetteCooperMP's majestically comprehensive five-minute demolition of Suella Braverman on it. ~AA\u201d— Best for Britain (@Best for Britain) 1671467922
\u201cRwanda scheme won't work as "deterrent" since whole point of this vile policy was for expulsion to happen automatically & rapidly. Court ruled *every* case must be assessed first so it won't be automatic or rapid. British people don't want this- they're better than this vile Govt\u201d— Caroline Lucas (@Caroline Lucas) 1671471476
\u201cHonestly don\u2019t care whether it\u2019s legal for Britain to dump human beings in Rwanda. \nWe shouldn\u2019t be doing it. Morally disgusting \ud83d\ude15\u201d— India Willoughby (@India Willoughby) 1671455226
\u201cSending people to Rwanda who do not want to go there may be lawful but it remains unethical and cruel.\u201d— Malcolm Fincken (@Malcolm Fincken) 1671447491
\u201cOnce upon a time,\nSlavery was legal\nApartheid was legal\nThe death penalty was legal\nImprisoning gay men was legal\nBeating a child was legal.\nYesterday, a high court judge said sending vulnerable asylum seekers to Rwanda is legal.\n\nNever assume that legal equals moral or ethical.\u201d— Steve Chalke (@Steve Chalke) 1671521761
\u201cSuella Braverman says \u201cthe overwhelming majority\u201d of Brits support the government\u2019s Rwanda policy. Anyone seen any polling to back that up?\u201d— Kevin Schofield (@Kevin Schofield) 1671468111
\u201c"They have brought shame on all of us."\n\nEx-Archbishop of York Lord John Sentamu describing the Conservative Party's Rwanda policy.\u201d— Farrukh (@Farrukh) 1671486491
\u201cLib Dems\u2019 @amcarmichaelMP on Rwanda judgment: \u201cWhether or not it is lawful, the Conservatives\u2019 Rwanda asylum plan is immoral, ineffective and incredibly costly for taxpayers.\u201d\u201d— Lewis Goodall (@Lewis Goodall) 1671447740
Home Secretary Braverman said in a statement: “Our ground-breaking Migration Partnership with Rwanda will provide individuals relocated with support to build new lives there, while disrupting the business model of people smuggling gangs putting lives at risk through dangerous and illegal small boat crossings.
“We have always maintained that this policy is lawful and the Court has upheld this.
“I am committed to making this Partnership work – my focus remains on moving ahead with the policy as soon as possible and we stand ready to defend against any further legal challenge.”
Have your say in our news democracy. Click the upvote icon at the top of the page to help raise this article through the indy100 rankings.