The Court of Appeal has, by a majority, found that the £140m Rwanda plan is unlawful as Rwanda is not a sufficiently safe country. Shortcomings in the asylum system in Rwanda mean that removing asylum seekers there would be in breach of Article 3 of the European Convention on Human Rights – the prohibition on torture and inhuman or degrading treatment.
The case involved a number of linked judicial review claims challenging Home Office decisions to remove asylum seekers in the UK to Rwanda, in order for their asylum claims to be processed there rather than in the UK.
The appeal was allowed by a majority on the single issue of safety, and the other grounds of appeal relating to the operation of EU law and data protection legislation were dismissed.
The case is likely to proceed to the Supreme Court in the coming months. In the meantime, the previous High Court decision that Rwanda was a safe third country is reversed and flights to Rwanda will be suspended.