UK Politics: Rishi Sunak’s Failed Rwanda Deportation Plan: A Major Setback for the UK Government

Marcus Blakumen
6 min readNov 15, 2023

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The UK government’s ambitious plan to deport UK asylum seekers to Rwanda, known as the ‘Rwanda policy’, has been dealt a significant blow, as the country’s highest court ruled the scheme unlawful. Prime Minister Rishi Sunak’s pledge to “stop the boats” and deter asylum seekers from arriving in the UK via small boats has been undermined by the court’s decision. This development has raised serious questions about what is the government’s immigration policy and its commitment to ensuring the safety and fair treatment of those seeking refuge.

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In this article, we will delve into the details of the failed Rwanda asylum plan, its implications for the government, and the potential next steps. We will also explore the wider context of Rwanda immigration in Britain, the challenges faced by the government in addressing the issue of migration, and the possible alternatives to the deportation to Rwanda plan.

The Rwanda Plan: A Controversial Approach to Addressing Immigration

The Rwanda policy, introduced by former Prime Minister Boris Johnson in April 2022, aimed to deter asylum seekers from making the perilous journey across the English Channel by sending them to Rwanda for processing. Under the scheme, individuals who arrived in the UK illegally after January 1, 2021, would face deportation to Rwanda, where their asylum claims would be assessed. The government believed that this approach would act as a deterrent and reduce the number of arrivals via small boats, but the plan was deemed unlawful.

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However, the Rwanda asylum plan faced significant opposition from various quarters, including refugee charities and legal experts. They raised concerns about the safety and fairness of assessing asylum claims in Rwanda, as well as the potential for refugees to be returned to their countries of origin where they could face persecution. These concerns were validated by the Supreme Court’s ruling, which unanimously upheld an appeal court decision that there was a real risk of deported refugees being wrongly assessed or returned to their home countries to face persecution.

The Supreme Court’s Verdict: A Blow to the Government’s Immigration Policy

The UK Supreme Court’s ruling on the Rwanda policy has dealt a severe blow to the government’s immigration policy and Prime Minister Rishi Sunak’s objectives. The court’s decision not only declared the plan unlawful but also exposed the risks and flaws inherent in the government’s approach. The judges based their decision on evidence from the United Nations’ refugee agency, the UNHCR, which highlighted the failure of a similar deportation agreement between Israel and Rwanda.

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Lord Reed, the president of the Supreme Court, read out the judgment, emphasizing the unanimous agreement with the appeal court ruling. He highlighted the real risk of claims being wrongly determined in Rwanda, thus resulting in asylum seekers being wrongly returned to their countries of origin. This ruling not only undermines Sunak’s key pledge to “stop the boats” but also raises questions about the government’s commitment to upholding human rights and ensuring the fair treatment of asylum seekers.

The Implications for the Government: A Need for Reflection and Reconsideration

The Supreme Court’s ruling has forced the government to reconsider its approach to the Rwanda asylum plan and address the shortcomings of the policy. Archbishop of Canterbury, Justin Welby, expressed his hope that the government would reflect and reconsider its approach, as the court ruling leaves the response to desperate people fleeing conflict and persecution in a state of limbo. Welby has been a vocal critic of the Rwanda policy, arguing that it outsources the UK’s responsibilities regarding refugees.

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The UNHCR, the UN’s refugee agency, welcomed the Supreme Court’s judgment, highlighting its concerns about the “externalization” of asylum obligations and the risks it poses for refugees. The agency encouraged the development of expanded safe and legal pathways to help refugees. This highlights the need for the government to design an asylum system that is fair, compassionate, and respects the dignity of every human being, as urged by Archbishop Welby.

Next Steps: Exploring Alternatives and Potential Challenges

With the Rwanda asylum plan deemed unlawful, the government must now consider alternative options to address the issue of illegal migration and asylum claims. While Prime Minister Sunak has claimed that the principle of sending illegal migrants to a safe third country for processing is lawful, it is evident that a new approach must be devised. The government has stated that it is already in talks with Rwanda on a new treaty, which could provide the necessary reassurances and safeguards to address the court’s concerns.

However, negotiating a new deal with Rwanda and implementing it as a treaty would require parliamentary approval. It is unclear how long this process would take, especially if the new plans face legal challenges. Additionally, the government could explore the inclusion of other nations, such as Turkey and Egypt, as safe countries to which asylum seekers can be returned. This could make it easier to reject asylum claims and facilitate returns to their home countries.

Challenges and Criticisms: Expenditure, Backlog, and International Reputation

The Supreme Court’s ruling on the unlawful Rwanda asylum plan has also raised serious questions about the expenditure on the Rwanda policy. Over £140 million has already been paid to the Rwandan government, with the exact breakdown of costs and legal fees remaining undisclosed. This significant expenditure without tangible results further adds to the criticism and scrutiny of the government’s handling of immigration issues.

Moreover, the backlog of asylum applications waiting for an initial decision, a result of the flawed Rwanda policy, has reached a record high, exceeding 134,000 cases. This backlog, coupled with the challenges posed by the failed Rwanda asylum plan, highlights the need for the government to develop a functioning asylum system that ensures a fair and timely processing of claims for the desperate and vulnerable asylum seekers. The current system’s inefficiencies and delays contribute to the migration crisis.

The government’s immigration policies, including the unlawful Rwanda asylum plan, have also raised concerns about Britain’s international reputation and its commitment to human rights. Critics argue that the plan, as well as the potential consideration of leaving the European Convention on Human Rights, would undermine the country’s standing and its ability to advocate for asylum seekers and human rights globally. The government must strike a balance between addressing migration challenges and upholding its international obligations.

Conclusion: A Critical Juncture for the Government’s Immigration Policy

The Supreme Court’s ruling on the unlawful Rwanda deportation plan represents a critical juncture for the government’s immigration policy. It highlights the need for a comprehensive and fair approach to addressing the challenges of illegal migration and asylum claims. The government must reflect on the court’s decision, reconsider its approach to the Rwanda policy, and develop a system that respects the rights and dignity of those seeking refuge in the UK.

While the government explores alternatives to the unlawful Rwanda asylum plan and negotiates new agreements, it must ensure that any future schemes prioritize the safety, well-being, and fair treatment of asylum seekers. The government’s commitment to human rights and its international reputation require a compassionate and effective response to the complex issue of immigration.

Ultimately, the failed Rwanda deportation plan serves as a reminder that immigration policies, including the Rwanda policy, must be grounded in fairness, compassion, and respect for the fundamental rights of all individuals. The government now has an opportunity to reassess its strategy, learn from this setback, and work towards a more humane and sustainable approach to immigration and asylum seekers in the UK.

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