The UK is likely to challenge the European court of human rights ruling that stopped the deportation to Rwanda of people seeking asylum and is already preparing for the next flight, a cabinet minister has said.
Thérèse Coffey, the work and pensions secretary, played down the idea that the UK could withdraw from the European convention on human rights in response to the court’s decision, which halted the flight on Tuesday night.
But she told Sky News the government would “go back, I am sure, to the ECHR to challenge this initial ruling”.
Up to seven people who had come to the UK seeking refuge had been expected to be removed to the east African country an hour and a half before the flight was due to take off. The UK justifies the policy on the grounds that it is meant to deter people seeking asylum from making a dangerous crossing across the Channel by small boat.
But a ruling by the human rights court on one of the seven cases allowed lawyers for the other six to make successful last-minute applications.
The decision is a significant setback for Boris Johnson and the home secretary, Priti Patel, who had promised to start sending thousands of those seeking asylum 4,000 miles to the east African country in May.
Hours before the ruling, Johnson had suggested he could consider taking the UK out of the ECHR and accused lawyers of aiding criminals exploiting refugees in the Channel.
However, two government ministers appeared to reject the idea of withdrawing from the convention on Wednesday morning. Coffey said she was “not aware of any decisions or even hints about that”, while Guy Opperman, a pensions minister, told Times Radio: “I don’t believe it is our policy, nor would it be something I will be advocating for, withdrawing from the ECHR.”
Coffey backed up Patel’s claim on Tuesday night that the UK was preparing for another flight of asylum seekers. However, the Home Office has not set a date for this flight and it would be likely to face similar legal problems if it were scheduled before a full court hearing on the legality of the policy due next month.
With the government facing criticism over the £500,000 cost of the failed flight and £120m given to Rwanda, Labour cast doubt on Patel’s claims to be proceeding as planned.
David Lammy, the shadow foreign secretary, told Sky News: “Look, this is a mess that Priti Patel created. She was told that the system was unworkable, unethical, and would cost an extraordinary amount of money.
“It was very unlikely that she would be able to get a system up and running as quickly as possible given that the Israelis tried and didn’t succeed, the Australians tried and didn’t succeed. So she was warned about this. And of course, we’re now in this situation.”
A spokesperson for the Rwandan government, Yolande Makolo told Agence France-Presse on Wednesday: “We are not deterred by these developments. Rwanda remains fully committed to making this partnership work.
“The current situation of people making dangerous journeys cannot continue as it is causing untold suffering to so many. Rwanda stands ready to receive the migrants when they do arrive and offer them safety and opportunity in our country.”
The human rights court examined the case of a 54-year-old Iraqi man who crossed the Channel in a boat. He claimed asylum in the UK last month, citing danger to his life. Five days later, he was served with a notice of intent indicating the Home Office was considering deeming his claim inadmissible and relocating him to Rwanda.
A doctor at the detention centre issued a report saying that he may have been a victim of torture, it is understood. He was then served with removal directions to Rwanda for 14 June. A letter from the court said the asylum seeker should not be removed on Tuesday evening.
