Judge Rules Rwanda Plan Incompatible with Windsor Framework
During a recent court ruling, Prime Minister Rishi Sunak stated that the decision has no impact on the government’s plans to send illegal immigrants to Rwanda in July.
A judge at Belfast High Court has instructed the suspension of certain provisions of the Illegal Migration Act 2023 in Northern Ireland due to concerns that they violate human rights safeguards outlined in post-Brexit agreements.
Mr. Justice Humphreys, in his ruling on Monday, highlighted that aspects of the act significantly weaken the rights of illegal immigrants as guaranteed under the Windsor Framework, a UK-EU agreement that upholds certain rights for individuals following the terms of the Good Friday Agreement in Northern Ireland.
The judge’s decision was made after two challenges against the act, where he stated, “I have found that there is a relevant diminution of right in each of the areas relied upon by the applicants.”
In a summary of the judgment, Mr. Justice Humphreys ordered the suspension of certain provisions of the Illegal Migration Act 2023 in Northern Ireland and declared others to be inconsistent with the European Convention on Human Rights.
The Illegal Migration Act grants authorities the power to detain and remove asylum seekers who have entered the UK illegally. This act, along with the Safety of Rwanda (Asylum and Immigration) Act, allows for the deportation of such asylum seekers to Rwanda.
Judgment ‘Hugely Significant’
Among the cases reviewed in Belfast was one by the Northern Ireland Human Rights Commission and another involving a 16-year-old Iranian asylum seeker residing in Northern Ireland. The teenager, who traveled from France by boat as an unaccompanied minor, applied for asylum in July 2023, expressing fears of imprisonment or harm if sent back to Iran.
Related Stories
Mr. Justice Humphreys has temporarily stayed the disapplication ruling until a subsequent hearing by the end of May, giving applicants a chance to respond to the judgment.
Reacting to the verdict, government representative Tony McGleenan, KC, stated in court, “We will review the judgment and decide on any further legal actions that may be necessary.”
Solicitor Sinead Marmion, representing the Iranian youth, described the judgment outside the court as “highly significant” and suggested that it would impede the implementation of the Rwanda scheme in Northern Ireland.
Sunak: ‘Changes Nothing’
Prime Minister Rishi Sunak emphasized that the ruling does not alter the government’s plans to deport illegal immigrants to Rwanda in July or affect the legality of the Safety of Rwanda Act.
In a statement sent via email by Downing Street press office to The Epoch Times, the prime minister affirmed, “We remain committed to initiating flights to Rwanda in the coming weeks and are focused on achieving the timetable I have outlined. Our priority is to prevent illegal immigration by starting these flights.”
He added, “I have consistently maintained that the commitments in the Belfast Agreement should be interpreted as originally intended and not extended to address issues like illegal immigration. We will take all necessary steps to defend this position, including through potential appeals.”
During a speech prior to the elections at the Policy Exchange think tank, the prime minister anticipated potential conflicts with the European Court of Human Rights (ECHR) concerning his Rwanda plan and indicated that he might disregard ECHR judgments if they clash with his immigration control strategies.
“If the Strasbourg Court forces a choice between the ECHR and the security of our country, I will always choose our nation’s security,” Sunak affirmed.
NI Must Not Become a ‘Magnet for Asylum Seekers’
Responding to the ruling, the interim leader of the Democratic Unionist Party (DUP) warned against Northern Ireland becoming a haven for asylum seekers seeking to evade deportation from Great Britain, highlighting concerns about potentially creating an immigration divide between Northern Ireland and Great Britain.
Gavin Robinson stated, “It is essential that immigration policies are uniformly applied across all parts of the United Kingdom.”
“As unionists, we believe that our national Parliament should have the authority to make immigration decisions that apply nationwide.”
He added, “Failure to do so would not only violate our constitutional principles but could also lead to Northern Ireland becoming a safe haven for asylum seekers dodging enforcement measures.”
Furthermore, the Republic of Ireland recently announced plans to revamp its asylum policy by redefining the UK as a “safe” haven for asylum seekers, aiming to return illegal immigrants entering the Republic from Northern Ireland. This proposal came following remarks from Ireland’s deputy prime minister asserting that individuals were departing the UK for Ireland to avoid deportation to Rwanda.
This report includes contributions from PA Media.
