Minister declares government’s intention to challenge court ruling on Illegal Migration Act
According to Lord Sharpe of Epsom, the Belfast court’s judgment on Monday does not impact the government’s deportation plans for illegal immigrants to Rwanda.
The government intends to challenge the ruling made by a Belfast judge on Monday concerning the Illegal Migration Act 2023. A Home Office minister stated that the government will appeal the decision that called for parts of the act to be “disapplied” in Northern Ireland.
Lord Sharpe of Epsom assured peers that the government will defend its position through an appeal. Despite the ruling by Mr. Justice Humphreys that certain provisions of the act are incompatible with the Windsor Framework after Brexit, the government believes its policy aligns with international law and Article Two of the Windsor Framework.
Lord Sharpe emphasized that the Belfast-Good Friday Agreement provisions cited in the Windsor Framework were developed for Northern Ireland’s unique circumstances and are not relevant to debates surrounding illegal migration.
The Illegal Migration Act’s provisions were found to undermine protections under the Windsor Framework by Mr. Justice Humphreys. Two legal challenges, one from a 16-year-old Iranian immigrant and the other from the Northern Ireland Human Rights Commission, led to the ruling by the Belfast High Court.
Lord Sharpe clarified that the judgment does not impact the government’s plans to deport illegal immigrants with inadmissible asylum claims to Rwanda.
Prime Minister Rishi Sunak confirmed that the judgment does not alter the government’s operations or timeline regarding the deportation flights to Rwanda scheduled for July. He remains focused on implementing the Safety of Rwanda Act and starting the deportation process to halt unlawful boat migrations.
Mr. Justice Humphreys also ruled that the Illegal Migration Act conflicts with the European Convention on Human Rights (ECHR). Prime Minister Sunak had previously indicated his willingness to prioritize national security over ECHR rulings that opposed his immigration policies.
The Illegal Migration Act grants authority to detain and remove asylum seekers who entered the UK unlawfully, supported by the Safety of Rwanda (Asylum and Immigration) Act, which enables deporting these asylum seekers to Rwanda.
Prime Minister Sunak emphasized that removal flights to Rwanda should commence in July, following a 10 to 12-week timeline discussed earlier.
Furthermore, the government faced a challenge to its Rwanda deportation plan from the FDA union, citing concerns about potential violations of the Civil Service Code. The union argued that directing civil servants to ignore ECHR orders under the Safety of Rwanda Act could conflict with their obligation to uphold international law according to the Civil Service Code.
A government spokesperson stated that the Home Office sought ethics guidance on this issue and had received advice confirming that civil servants will adhere to the Civil Service Code, including the requirement not to obstruct policy implementation.
