Migrant deportations from the UK to Rwanda will go ahead on Tuesday after a bid to block Priti Patel’s controversial policy failed, judges at the Court of Appeal have ruled.
The Home Secretary scored a victory in the High Court on Friday when a judge concluded it was in her power to fly asylum seekers to the east African state.
A last-ditch challenge was launched in the Court of Appeal on Monday, as refugee charities, a union and one of the people to be sent to east Africa argued the policy is unlawful.
But three judges ultimately dismissed the bid, and the first flight is scheduled to depart on Tuesday.
Patel had vowed to press ahead with the flights, with a full trial of the legality of the policy set for the end of July.
When Tuesday’s flight was first organised, around 100 people were notified of their impending removal. But in the course of legal wrangling, that number has reduced down to just 11 people.
The challenge was brought by a potential passenger, together with Border Force workers’ union PCU and activist groups Detention Action and Care4Calais.
Delivering the decision, Lord Justice Singh said the original judge, Mr Justice Swift, had delivered an “impressive” judgment and had reached conclusions that were “reasonable open to him on the material before him”.
The judge noted that the Rwanda policy would be under intense scrutiny as it takes effect, with a full hearing of its legality due at the end of July.
At court, lawyers argued that a hurried implementation of the Rwanda policy could have lasting financial implications if anyone is wrongly flown to Rwanda and has to be brought back to the UK.
Conservative MPs cheered as the news was relayed to the Commons chamber.
As the judgement was delivered SNP home affairs spokesman Stuart McDonald, asking an urgent question, told the MPs: “This is not world-leading policy. If anything, this is leading us to the total shredding of the refugee convention."
“This cash-for-deportations policy is akin to state-sponsored trafficking and transportation.”
McDonald added: “It’s a grim political stunt being rushed again to shore up the Prime Minister. Why else has this flight been organised before the relevant provisions of the horrible borders bill were even brought into force?”
Permission to appeal to the Supreme Court was refused by the Court of Appeal.
A second legal case is underway in the High Court brought by charity Asylum Aid to challenge the fairness of the decision-making process.
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