First Rwanda refugee flight cleared for take-off with High Court backing

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Two campaign groups – Detention Action and Care4Calais – had joined the PCS union and four asylum seekers in legal action against the Home Office.

Mr Justice Jonathan Swift said it was in the public interest that the Home Secretary could “implement immigration control measures”.

However, campaigners were last night granted permission to challenge his ruling.

The appeal will be heard at the Court of Appeal on Monday.

Under the scheme, those entering the UK illegally will be flown to Rwanda where they can apply for asylum.

Prime Minister Boris Johnson tweeted: “Welcome news from the High Court today.”

“We cannot allow people traffickers to put lives at risk, and our world-leading partnership will help break the business model of these ruthless criminals.”

Ms Patel vowed to fight any other challenges, adding: “Rwanda is a safe country.”

She said: “I welcome the court’s decision in our favour and will now continue to deliver on progressing our world-leading partnership.”

Haven “People will continue to try to prevent their relocation through legal challenges and last-minute claims but we will not be deterred in breaking the deadly people-smuggling trade and ultimately save lives.”

“Rwanda…has previously been recognised for providing a safe haven for refugees – we will continue preparations for the first flight to Rwanda, alongside the range of other measures intended to reduce small boat crossings [of the English Channel].”

Campaigners had told the court Rwanda is unsafe as asylum seekers are unlikely to receive fair hearings due to a lack of accommodation, translators or training among immigration officials there.

They said applicants are routinely dismissed without proper hearings, prompting fears vulnerable refugees could be sent back to countries such as Iran, Syria and Afghanistan.

But Mr Justice Swift ruled the agreement between the Government and Rwanda’s government is a “formal” document and this will ensure proper processes are followed.

And while there is a need for “vigilance”, evidence from the UNHCR (United Nations High Commissioner for Refugees) is not enough to suggest “the Rwandan system is not fit for purpose”, he added.

Lawyers for the Government claimed there was a strong public interest in allowing flights to leave as Ms Patel tries to prevent people smugglers forcing tens of thousands of vulnerable migrants into tiny, dangerous boats.

The Home Office has said that five of the people due to be deported will not now be sent to Rwanda after they had their removal directions cancelled. The UNHCR yesterday joined the battle to ground the flight, declaring it had significant concerns.

Laura Dubinsky, for the agency, said it believed there were “risks of serious irreparable harm to refugees”.

Asylum seekers have been given Home Office letters assuring them the UNHCR is “closely involved” in overseeing the processing and treatment of people taken to Rwanda.

But Raza Husain QC, for the claimants, told yesterday’s hearing that was “nonsense”.

He added: “The system is not safe…You may be arbitrarily denied access to it. If you do get into it, there are concerns about the impartiality of the decision-making.”

A final hearing will take place next month.



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