UPDATES WITH REMARKS BY UK LORD CHIEF JUSTICE
By Burak Bir
LONDON (AA) – Campaigners and asylum seekers have won a legal challenge over British government's controversial Rwanda plan as the Court of Appeal on Thursday ruled that the deportation scheme is unlawful.
Announcing the court's ruling, Chief Justice Lord Burnett said that Rwanda is not a safe place for asylum seekers to be housed in while their asylum claims are processed.
"The result is that the High Court's decision that Rwanda was a safe third country is reversed, and unless and until the deficiencies in its asylum process are corrected, removal of asylum seekers will be unlawful."
He said that the court unanimously accepted that the assurances given by the Rwandan government were made in "good faith" and were intended to address any defects in the asylum process.
However, he went on to say that the majority believes that the evidence does not establish that the necessary changes have by then been reliably effected or would have been at the time of the proposed removals.
"In consequence, sending anyone to Rwanda would constitute a breach of Article 3 of the European Convention on Human Rights, which parliament has required the government to comply with."
The court's ruling came following a long-standing legal challenge and discussions in Britain, as the High Court in December ruled that the plan to deport migrants to the East African country was lawful.
However, a month later it granted an appeal against its own judgment, giving campaigners a chance to renew their legal fight.
The plan has become one of the most controversial issue on the government's migration policy, as it sparked international criticism and mass protests across the UK.
Rwanda plan which was signed by then-UK Home Secretary Priti Patel and Rwandan Foreign Minister Vincent Biruta in April 2022, would see asylum seekers trying to enter the UK being sent to Rwanda for resettlement.
Tackling small boat crossings is among five priorities of the British government as more than 45,000 migrants arrived in the country crossing the Channel last year.