The Supreme Court has unanimously ruled the Rwanda plan unlawful on 15 November 2023.

The Court unequivocally concluded it would not be safe to send people seeking asylum to Rwanda because of the risk of 'refoulement' (where someone is sent back to a country where their life will be at risk), which would go against both UK domestic law (Human Rights Act 1998) and international law and conventions (European Convention on Human Rights, UN Refugee Convention, UN Convention against Torture, and UN International Covenant on Civil and Political Rights).

The decision is final and the Government cannot appeal. However, it’s important to remember that the judgement is limited to whether Rwanda is a safe country - and not on the lawfulness of the policy in principle.

What could happen next?

Prime Minister Rishi Sunak has announced he intends to sidestep the Supreme Court by pursuing a treaty with Rwanda regardless, as well as 'the extraordinary step of introducing emergency legislation' to say that 'Rwanda is safe', despite overwhelming evidence proving otherwise.

Worryingly, he further stated that he wants to block 'systemic challenges' to his plans in our courts, even if there are risks of human rights violations.

If he does press ahead, both the treaty and emergency legislation will need to be approved by Parliament.

In the meantime, there are still risks that people can be sent back to their countries of origin under existing laws.

The ruling also means that the Government will now need to find a sustainable solution for people they can’t forcibly send away, including ensuring safe housing for them.

What happens to people who were at risk of being sent to Rwanda?

Everyone who had been issued removal notices to Rwanda are no longer under urgent risk of removal.

However, the Government may still seek to send people back to their countries of origin if their asylum or other claims are refused. For some nationalities, currently EU countries, they can be removed without their asylum claims being assessed under existing inadmissibility rules.

We will continue to advocate and defend the rights of people who want to make this country home. JCWI will be creating resources for people so they know what their rights are. We call on everyone to resist this Government’s hostile policies and urge for the protection of the universal right to seek asylum in the UK.

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