The Home Office’s first flight carrying asylum-seekers to Rwanda has been given the go-ahead after a High Court ruling.
The first trip in the controversial scheme, scheduled to leave on Tuesday, is due to carry 31 migrants who were encouraged to apply for asylum in Rwanda.
Up to 130 people have been notified they could be removed, and the Home Office is planning to schedule more this year.
The judge has given the claimants permission to appeal.
Court documents revealed the Home Office cancelled deportations to Rwanda for five migrants who appealed to the High Court.
Charity Care4Calais, the Public and Commercial Services union (PCS) and pressure group Detention Action sought a judicial review of the scheme, which they have branded unlawful.
The High Court in London heard the policy to remove people to Rwanda was unlawful in part because it was “irrational”.
Raza Husain QC, for the people and groups bringing the claim, said: “The secretary of state’s conclusion as to the safety of Rwanda was irrational. We have a very strong case on that.”
The court was told that the UN refugee agency, the UNHCR, had a number of concerns about the asylum process in Rwanda, including discriminatory access to asylum – including for LGBT people – a lack of legal representation and interpreters and difficulties in appealing.
“The UNHCR has serious concerns that asylum-seekers will not have access to a firm and fair procedure for the determination of refugee status,” Mr Husain added.
Laura Dubinsky QC, for the UNHCR, said “in the light of inaccuracies” she wanted to clarify that the UNHCR in no way endorsed the UK-Rwanda arrangement.
She said the UNHCR had informed the home secretary that it was unlawful.
In a written submission, the Home Office said removal to Rwanda “pursues an important public interest, adding the deportations are “intended to deter” people from making dangerous small boat journeys to the UK to claim asylum.
The court also heard that the Home Office may have further planned deportation flights to Rwanda. Mathew Gullick QC said: “The Home Office does intend to make arrangements for a further flight or flights to Rwanda this year.”
Asked about flights before the full hearing by the end of July, he continued: “That will depend on how many individuals leave on the flight on Tuesday.”
The Asylum Aid charity is bringing a separate case on Monday about the way in which the policy is being introduced.
Individual migrants are also set to bring legal challenges.
Labour leader Sir Keir Starmer called the plan a “chaotic diversion”, saying Labour instead would form “a proper plan with the French authorities” to tackle people-smuggling.
When asked what Labour’s alternative to the policy would be, he said: “I think it’s very important that we all say, loud and clear, that we don’t want anybody making that dangerous crossing across the Channel.
Keir Starmer has called the plan a ‘chaotic diversion’
