The UN refugee agency (UNHRC) told the court that it is concerned about the risk of “serious, irreparable harm” caused to refugees sent to Rwanda, adding the body “in no way endorses the UK-Rwandan arrangement”.
The High Court in London is hearing the case of migrants and campaign groups seeking a judicial review into the government’s controversial policy that could see the first group of some 31 migrants deported to Rwanda as early as next week
Laura Dubinsky QC, for UNHCR, said the agency had “serious concerns about Rwandan capacity”. She added: “UNHCR itself is not in a position to rectify those deficiencies.
“The problems described are deep-rooted structural problems, they are not capable of speedy resolution,” the barrister continued.
Raza Husain QC, for people and groups bringing the claim, said: “The secretary of state’s conclusion as to the safety of Rwanda was irrational. I’m going to submit that we have a very strong case on that.”
He says the Home Office has suggested that the UN refugee agency has given the plan the green light, “This is misleading and incorrect,” he said.
Ms Dubinsky said that “in 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.
The Home Office lawyers, who are due to respond this afternoon, are expected to argue that the plans to remove migrants to Rwanda “pursue an important public interest.”
In court documents, Home Office lawyers urged the court to reject the application, arguing it “fails at the first stage”, adding: “The claimants have not identified a serious issue to be tried, still less the strong case they allege for the grant of relief at trial.”
In the papers, Rory Dunlop QC and Mathew Gullick QC for the department said: “The application for interim relief should be dismissed. In the alternative, any order for interim relief should be limited.”
Downing Street has said Boris Johnson is still hopeful that the first flight sending migrants to Rwanda will go ahead on Tuesday. A No 10 spokesman said: “Yes. You’re aware of the ongoing court case today but we’ve set out our position on why we think this is the right approach.”
Meanwhile, Labour leader Sir Keir Starmer called the plan a “chaotic diversion” and said his party instead would form “a proper plan with the French authorities” to tackle people smuggling.
The court heard the UN agency’s concerns about the UK’s policy which include discriminatory access to asylum – including for LGBT people – a lack of legal representation and interpreters, and difficulties in appealing.
Raza Husain QC said: “These are concerns that have been communicated to the UK authorities and yet the secretary of state’s position … is that the UNHCR has given this plan a green light.
“That is a false claim.”
Keir Starmer has called the policy ‘chaotic’
