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Britain’s home secretary insisted the government “won’t change its policy” following legal challenges halted a flight preparing to take some asylum seekers to Rwanda minutes before it was scheduled to leave the UK.
Minister Priti Patel said many of those decided to be removed from the flight would be put on the next flight.
The plane was prevented from leaving Britain following a ruling by the European Court of Human Rights that an Iraqi asylum-seeker must remain because there are no guarantees of his legal future in Rwanda.
The government says deporting refugees will deter people smugglers, but opponents of the policy say it is inhumane.
Seven people were scheduled to be transferred to Rwanda on Tuesday evening, before the European Court’s decision, which came following a series of judicial battles in Britain, which resulted in favor of the flight.
What did the European Court say?
The ruling by the European Court of Human Rights in Strasbourg halting the deportation of an Iraqi asylum seeker has sparked a series of legal challenges in British courts. All passengers were removed from the plane, which then returned to Spain.
The European Court of Human Rights in Strasbourg – part of the Council of Europe, of which Britain is still a member – said the Iraqi man, who has not been named, faced “a real risk of irreversible harm” if he remained on the plane.
A British court had held that he might be returned to Britain if his attempt to overturn the transfer policy to Rwanda was successful. But the European Court of Human Rights says there is no legally enforceable mechanism to ensure he can return from the East African country.
The Strasbourg court also added that the United Nations had raised concerns that asylum-seekers, following being transferred to Rwanda, would not have access to a “fair and effective” procedure to determine their refugee status.
What is the position of the British government?
Britain’s home secretary said these “repeated legal barriers” were similar to those the government had faced in other deportations, adding that “many of those removed from this trip will be placed on the next trip”.
Patel added that it was “extremely surprising” that the European Court had intervened following local courts had allowed the government to proceed with the flights.
“Our legal team reviews every decision made on this flight and begins preparing for the next flight now,” she said.
The Rwandan government confirmed that it remained committed to its agreement with Britain.
Britain’s Work and Pensions Secretary Therese Coffey said the government was “suddenly disappointed” by the ruling.
“Lawyers at the Ministry of the Interior are already working on the next steps,” she added, explaining that the government’s goal is to create “safe legal avenues for people to obtain asylum.”
Covey said the government “expected that there would be a lot of legal challenges” and that it would “firmly defend” the policy.
“Imoral” plan
“One of the things that makes Britain great … is that we abide by the decisions of international courts and international law,” said human rights lawyer Geoffrey Robertson, who represented the main case before the European Court of Human Rights on Rwanda.
The Rwanda Asylum Scheme, announced by the government in April, aims to take some asylum seekers who cross into Britain with a one-way ticket to Rwanda to seek asylum there.
This is the highest number in two months, as 562 attempts to cross the canal were recorded on April 14.
But the shadow foreign minister of the opposition Labor Party said the government’s plan was “unviable” and “immoral” and said he was concerned regarding its cost.
David Lamy told the BBC that the European Court of Human Rights “protects all our rights” and that it was “dangerous” to suggest that the court not properly consider the scheme.
Glimpse About Policy transfer seekers seek refuge to me Rwanda
- The British Prime Minister announced a five-year trial worth 120 million pounds, in which some asylum seekers will receive a one-way ticket to Rwanda
- The plan faces widespread opposition from more than 160 charities, groups and campaigns, a small number of which have launched a legal challenge.
- Interior Ministry lawyers say the plan is in the public interest – and the Supreme Court says there is no legal reason to stop the flight
- Activists appealed the ruling but were unsuccessful
- But a last-minute ruling by the European Court of Human Rights blocking one of the deportations unleashed a new wave of legal challenges and ultimately led to the flight being cancelled.
- Next month, judges will consider the entire policy of deportation to Rwanda and its legality