Britain’s Supreme Court ruled on Wednesday that a policy to deport asylum seekers to Rwanda is unlawful, delivering a major blow to the Conservative government, which has long described the plan as central to its pledge to stop small boat arrivals.
Justice Robert Reed, one of the five judges who heard the case, said that the court supported an earlier decision by the Court of Appeal declaring the policy unlawful, saying simply, “We agree with their conclusion.”
Justice Reed pointed to a risk of “refoulement” if asylum seekers had their claims heard in Rwanda, meaning that genuine refugees could be returned to their countries of origin and face potential violence, in a violation of both domestic and international law.
The judge made the caveat that while proper protections may be put in place in the future, “they have not been shown to be in place now.”
The ruling is the latest setback for Prime Minister Rishi Sunak after a turbulent few days in which he fired his disruptive Home Secretary, Suella Braverman, whose remit included overseeing immigration, and brought a centrist predecessor, David Cameron, back to government.
The hard line Rwanda policy was first announced in April 2022 by then Prime Minister Boris Johnson as he attempted to make good on a Brexit campaign promise to “take back control” of the country’s borders. Mr. Sunak promised to pursue the policy in his campaign for the Conservative Party leadership, and championed the initiative alongside Ms. Braverman, one of its most outspoken advocates.
But it was widely criticized by rights groups and opposition politicians from the start, with many pointing to Rwanda’s troubled record on human rights.
