Next week, the British government will make its case at the country’s highest court, seeking to overturn a ruling that deemed its controversial plan to deport asylum seekers arriving in small boats from the Channel to Rwanda as unlawful.
In a setback for Prime Minister Rishi Sunak’s government and his commitment to “stop the boats,” London’s Court of Appeal determined in June that the initiative to transport tens of thousands of migrants over 4,000 miles (6,400 km) to East Africa was not legally sound. The court argued that Rwanda could not be considered a safe third country.
On Monday, government attorneys will present their argument at the Supreme Court, contending that the previous ruling was erroneous. Meanwhile, lawyers representing migrants from Syria, Iraq, Iran, Vietnam, and Sudan will seek to persuade the judges that the scheme itself is fundamentally flawed.
The outcome holds significant implications for Sunak, who has prioritized immigration as one of his five key concerns. Successfully addressing this issue could potentially reinvigorate his Conservative Party’s standing, as it currently lags behind in opinion polls by roughly 20 points in anticipation of an upcoming election.
Conservative lawmaker Brendan Clarke-Smith emphasized the importance of delivering on campaign promises, stating, “A government that doesn’t deliver on what you promised will always get punished. We need to get a grip on this issue.”
Sunak and his ministers argue that the Rwanda scheme, initiated last year by then-Prime Minister Boris Johnson, aims to disrupt the business model of human traffickers and deter individuals from undertaking the perilous cross-Channel journey in inflatable boats and dinghies. Tragic incidents, including six drownings in August and 27 fatalities in November 2021, have underscored the dangers of this journey.
Opponents, however, criticize the scheme as morally questionable, costly, and ineffective. This opposition includes human rights organizations, lawmakers (including some within the Conservative Party), the Archbishop of Canterbury (the head of the Anglican communion), and reports that even King Charles has privately expressed reservations.
The fate of the scheme now rests with five judges, including Supreme Court President Robert Reed, who will commence hearings focused on technical legal arguments spanning three days, starting on Monday.