Editorial – Britain’s Migrant Policy in the Crosshairs

Abstract

On 15 November, the British Supreme Court (R [on the application of AAA (Syria) and Others] [Respondents/Cross Appellants], [2023] UKSC 42) unanimously ruled that the government’s plan (Memorandum of Understanding) to deport asylum seekers who have arrived in the UK illegally to Rwanda was illegal. This ruling came at the end of a long saga that began a year ago under Boris Johnson’s government. In mid-2022, an initial flight was canceled at the last minute by the European Court of Human Rights. Then, at the end of June 2023, the London Court of Appeal ruled that the project was “unlawful,” finding that Rwanda could not be considered a “safe third country.” The judges found that there was “a real risk that people sent to Rwanda would (subsequently) be returned to their country of origin where they would face persecution and other inhuman treatment.” This reasoning was validated by the Supreme Court on Wednesday.