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Rishi Sunak has been cautioned that disregarding European court orders aimed at preventing the transfer of asylum seekers to Rwanda would violate human rights laws.
The prime minister has made a promise multiple times to prevent “foreign courts” from impeding the government’s proposal to relocate certain migrants to a country in East Africa.
The president of the European Court of Human Rights, Siofra O’Leary, stated on Thursday that it is a legal requirement for states to follow orders from the Strasbourg court.
In certain situations, the ECHR has the authority to issue Rule 39 interim measures, and one of these orders resulted in the grounding of the first flight scheduled to transport asylum seekers to Rwanda in 2022.
It has been cautioned to Prime Minister Rishi Sunak that disregarding court orders meant to prevent the transfer of asylum seekers to Rwanda would be a violation of European human rights laws.
During a press conference, Ms O’Leary stated that states have a legal responsibility to adhere to Rule 39 measures as stated in the Convention. She explained that these interim measures are only granted in rare cases when there is a genuine and immediate threat of irreversible damage.
The UK has consistently followed Rule 39 measures, according to Senior Judge Ms O’Leary. However, there was one specific case in which they did not comply. The UK has also publicly emphasized the importance of other states adhering to Rule 39 indications, such as urging Russia under Vladimir Putin to comply with a 2021 measure regarding the release of opposition leader Alexei Navalny.
The proposed Rwanda (Asylum and Immigration) Bill, currently being reviewed by Parliament, restricts the power of UK courts to halt the deportation of asylum seekers to Rwanda. This could lead to an increase in cases being brought before the Strasbourg Court for resolution.
The president of the Strasbourg court declined to comment on the Rwanda Safety Bill as it is being reviewed by Parliament.
She stated that there is a lively discussion in the UK regarding the Bill’s contents.
This nation is fortunate to have numerous international legal professionals and a thriving civil society. I am confident that all of these matters will be thoroughly investigated.
The Rwandan case in June 2022 involved an interim measure that prevented an Iraqi asylum seeker from being sent to the African state. This measure was granted only hours before the scheduled flight.
According to Ms O’Leary, Rule 39 is typically requested in cases of urgent or extremely urgent situations, and the level of urgency is determined by the governments being responded to.
The authority to issue interim injunctions is seldom exercised – only one interim measure was granted in 2023, while 13 requests were denied.
Rwanda has stated that it could not proceed with the agreement with the UK unless Mr Sunak’s administration complies with international law.
The ex-leader of the Conservative party claims that even stray dogs are aware that flights to Rwanda will not take place.
Rwanda’s minister of foreign affairs Vincent Biruta has said previously: “It has always been important to both Rwanda and the UK that our rule of law partnership meets the highest standards of international law, and it places obligations on both the UK and Rwanda to act lawfully.
If the UK does not behave lawfully, Rwanda will be unable to maintain the Migration and Economic Development Partnership.
Source: independent.co.uk
