In a landmark ruling, a High Court judge in Northern Ireland has delivered a significant blow to the UK government’s deportation plans, particularly concerning asylum seekers facing removal to Rwanda.
Mr. Justice Humphreys has decreed that asylum seekers cannot be deported to Rwanda from Northern Ireland. This ruling underscores the region’s commitment to upholding human rights protections, particularly in light of post-Brexit arrangements.
The judge highlighted concerns that aspects of the Illegal Migration Act contravened the European Convention on Human Rights (ECHR).
This act, enacted last year, grants ministers the authority to detain asylum seekers who entered the UK illegally and send them to a designated safe third country like Rwanda.
Under the post-Brexit Windsor Framework, which preserves the rights provisions of Northern Ireland’s Good Friday peace agreement, any diminution of these rights is considered unacceptable.
The Windsor Framework refers to the comprehensive set of agreements and arrangements negotiated between the United Kingdom and the European Union in the context of Brexit. Specifically, it addresses the unique circumstances of Northern Ireland and seeks to ensure the preservation of peace, stability, and the rights enshrined in the Good Friday Agreement of 1998.
This framework encompasses various provisions aimed at maintaining an open border between Northern Ireland and the Republic of Ireland, facilitating cross-border cooperation, and safeguarding the rights of individuals in Northern Ireland. It serves as the legal and institutional basis for managing the complexities of Brexit in Northern Ireland and upholding the principles of the Good Friday Agreement.
Overall, the Brexit Windsor Framework represents a crucial aspect of the Brexit negotiations, providing a framework for addressing the specific challenges and opportunities presented by the UK’s withdrawal from the EU in relation to Northern Ireland.
Mr. Justice Humphreys found that several provisions of the Illegal Migration Act indeed curtailed the rights afforded to asylum seekers under the Good Friday Agreement.
Sinead Marmion, the Head of Immigration and Asylum at Phoenix Law who was the solicitor for the 16-year-old, Iranian refugee, said:
- “The Good Friday Agreement has always been a beacon of human rights protections and hope. Today, the Court through the Northern Ireland Protocol, has ensured those rights apply to the whole community – including Asylum seekers.
- “This runs contrary to the negative and toxic rhetoric peddled by the government against those seeking international protection.
- “This Judgment sends a clear message to the Government. Not only will Asylum seekers be welcome in Northern Ireland, but they will also be legally protected.
- “Today marks the beginning of the end of the British Government’s flagship campaign to enact illegal and immoral laws with the sole purpose of frustrating and demolishing international human rights protections.
This legal challenge, initiated by the Northern Ireland Human Rights Commission on behalf of a 16-year-old asylum seeker from Iran, marks a significant victory for human rights advocacy in the region.
It is expected that government will appeal the decision, but despite Prime Minister Rishi Sunak’s intention to proceed with deportation flights from June 24, this judgment casts uncertainty over the government’s plans.
While government sources maintain that the ruling does not alter their operational plans or the legality of the Illegal Migration Act, immigration lawyers believe otherwise.
They suggest that while the initial deportation flights may proceed as planned, future challenges could arise, particularly in England and Wales, if the government activates the provisions of the Illegal Migration Act for further deportations.
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