Under international law, the government is bound to follow an order of the European Court of Human Rights. It would be unlawful for a person to be sent to Rwanda in violation of an order of the European court. The union representing senior civil servants has warned that it might take legal action against the government if civil servants are required by ministers to breach international law.
Asylum seekers are also likely to challenge the Rwanda scheme more broadly, arguing that Rwanda remains an unsafe country for them. The government’s new law declares that Rwanda is safe. However, both the House of Lords Select Committee on the Constitution and the Joint Committee on Human Rights have maintained that the safety of Rwanda is a matter for the courts, not parliament, to decide.
If a broader legal challenge is brought, it will be for the courts to determine whether the government’s efforts to improve the conditions in Rwanda – which include drafting a treaty with Rwanda and training Rwandan officials – mean that Rwanda is now safe for asylum seekers.
The impact of the UK Election
On 22 May, Sunak announced that the next United Kingdom general election will be held on 4 July.
It is expected that the government will continue working towards its Rwanda plan, for example, by detaining people who might be removed to Rwanda. However, it is now looking unikely that any flights will leave the UK prior to the election being held.
Sunak continues to stake a lot on his Rwanda bill, using it to demonstrate that he is tough on borders. However, there is no evidence to suggest that the Rwanda plan will deter people travelling across the English Channel to seek asylum. The tragic deaths of five people in the Channel shortly after the government passed its legislation suggests that the threat of deportation to Rwanda is not achieving its aim. Despite now being part of UK law, the Rwanda plan remains a political distraction from a failing asylum system that ultimately costs people their lives.
This article originally appeared in The Conversation