Rwanda safe but ‘less attractive’ than UK, Supreme Court told in Home Office deportation case

The Supreme Court will hear of the "trauma" and "torture" faced by asylum seekers as it scrutinises the government's Rwanda deportation policy.

The Home Office is challenging a Court of Appeal ruling from June that the multimillion-pound deal – which would see asylum seekers deported to the east African nation – was unlawful.

On the first day of the three-day hearing, five justices at the UK’s highest court heard the government argue that Rwanda is “less attractive” than the UK but a safe country to deport asylum seekers to.

In June two appeal judges found there was a "real risk" that asylum seekers could be returned to their home country and face persecution when they may have a good asylum claim.

The Supreme Court’s scrutiny of the government’s multimillion-pound plans to deport asylum seekers comes nearly 18 months after they were first announced.

Ongoing legal battles have meant no migrants have been sent to the East African nation under the policy.

While Court of Appeal judges Sir Geoffrey Vos and Lord Justice Underhill concluded there were “deficiencies” in the Rwandan asylum system and ruled the policy was unlawful, former lord chief justice Lord Burnett disagreed and said he would dismiss the challenge.

At the start of the three-day hearing on Monday, Sir James Eadie KC, for the Home Office, told the UK’s highest court that the policy to remove people to “a country less attractive” than the UK, “but nevertheless safe”, is lawful. “The appeal is, at its heart, about the judgments made by Government about the future conduct of a friendly foreign state – Rwanda,” Sir James told a panel of five justices. The barrister said both countries are “committed” to the deal, with “very powerful” practical incentives for Rwanda to comply with the assurances given. Sir James said the Government has attached “considerable importance” to its Rwanda deportation policy.

Several individual asylum seekers are also set to challenge aspects of the ruling over the three-day hearing.

The court will hear from "vulnerable" asylum seekers from Syria, Iran and Iraq, who were was previously told they would be moved to Rwanda, their lawyers said earlier in the months-long litigation.

None of them has any connection to the country.

One Syrian asylum seeker, who will be identified in court as AHA, said he fled the war and military conscription in mid-2018.

He allegedly experienced “negligence, mistreatment and violence” by Greek authorities and “detention, beatings and humiliation” by Turkish authorities.

AHA also said he was victim to “control by violent people smugglers” and has been separated from his family since fleeing Syria.

His lawyers said he has suffered “significant trauma from his experiences of the war in Syria, and has expressed suicidal thoughts”.

An Iraqi asylum seeker, identified as, NSK, claimed to have spent days travelling by bus, lorries, a cargo train and van to Dunkirk in France, with him later crossing the Channel on a small boat.

His lawyers said he “cannot read or write”, is a “victim of torture” and has been diagnosed with post-traumatic stress disorder.

Immigration featured heavily at the recent Conservative Party conference, with Prime Minister Rishi Sunak saying he “will do whatever is necessary to stop the boats”.

He said on Wednesday: “We are by no means where we want to be but don’t let anyone tell you we aren’t making progress, we are and we will get there.

“Our new law will ensure that if you come here illegally, you will be detained and swiftly removed. Now I’m confident that once flights start going regularly to Rwanda, the boats will stop coming.”

He added: “I am confident that our approach complies with our international obligations. But know this: I will do whatever is necessary to stop the boats.”

The Supreme Court hearing in London, before Lords Reed, Hodge, Lloyd-Jones, Briggs and Sales, started at 10.30am on Monday.

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