Rwanda plan ruled unlawful by Supreme Court – as Rishi Sunak says he could change law to push ahead

Published

2 years ago

November 15, 2023

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The government’s Rwanda plan, devised to tackle illegal migration, has been dismissed by the Supreme Court, ending over 18 months of legal battles in the UK.

Lord Reed announced the “unanimous” judgment from the court’s justices on Wednesday, saying those sent to the country would be at “real risk” of being returned home, whether their grounds to claim asylum were justified or not – breaching international law.

Politics live: PM ‘prepared to change law’ – and will hold news conference today

While charities celebrated the decision as “a victory for humanity”, Rishi Sunak said the judgment was “not the outcome we wanted”.

But he appeared to double down on the policy, telling the Commons he was “prepared to change laws and revisit… international relationships” if they were “frustrating” his plans.

The new Home Secretary James Cleverly announced the government planned to change its agreement with Rwanda into a treaty, with extra clauses to stop asylum seekers from being returned home, in the hope of settling the court’s concerns.

However, shadow home secretary Yvette Cooper accused the government of “more of the magical thinking”.

Mr Sunak will hold a press conference at 4.45pm where he is sure to face questions on both the ruling and his future plans, as well as brewing anger on his backbenches over the impact of international human rights laws on his policies.

The Rwanda scheme, which would see those arriving in the UK illegally – including via small boats – deported to the east African nation, was first put forward by Boris Johnson in April 2022.

Successive prime ministers all claimed the policy would act as a deterrent to those seeking to cross the Channel, as well as help to break up people-smuggling gangs.

But critics consistently called the proposal “inhumane”, and the plan was dubbed a “gimmick” by political opponents.

An injunction from the European Court of Human Rights stopped the first flight to Rwanda from taking off in June last year and the scheme has been embroiled in litigation ever since, meaning no asylum seekers have yet been deported to the country.

Explainer: Everything you need to know about the Rwanda plan

Delivering the Supreme Court’s ruling on Wednesday, Lord Reed said there were “serious and systematic defects in Rwanda’s procedures and institutions for processing asylum claims”, including a “lack of legal representation” and risks that judges and lawyers “will not act independently of the government”.

The justice also said there was a “surprisingly high rate of rejection of asylum claims from certain countries in known conflict zones”, including Syria and Yemen, which many people coming to the UK may originate from.

He pointed to an “apparent inadequacy of the Rwandan government’s understanding of the requirements of the Refugee Convention”, specifically that under the United Nations agreement, asylum seekers had to be protected from “refoulement” – being sent back to their country of origin – and there was evidence the country had failed to comply with this when it signed a similar deal with Israel.

And while he accepted the deal had been “entered into… in good faith”, the evidence showed “there is a real risk that asylum claims will not be determined properly, and that asylum seekers will therefore be at risk of being returned directly or indirectly to their country of origin”.

Lord Reed said changes to eliminate that risk “may be delivered in the future”, and he underlined that the Supreme Court’s decision was a “legal question” based on international law – including the European Convention on Human Rights and various UN treaties – with the court “not concerned with the political debate” about the scheme.

After the ruling, Mr Sunak pointed to what he saw as the positives – namely that the court “confirmed that the principle of sending illegal migrants to a safe third country for processing is lawful”.

Speaking at Prime Minister’s Questions, he sought to reassure his own MPs that he remained committed to the Rwanda plan, telling them: “The government has already been working in advance on a new treaty with Rwanda which we will finalise in light of today’s judgment to address the challenges that were raised.

“But let me say this again, if it becomes clear that our domestic legal frameworks or international conventions are still frustrating plans at that point, I am prepared to change laws and revisit those international relationships.

“The British people expect us to do whatever it takes to stop the boats and that is precisely what this government will deliver.

But Labour leader Sir Keir Starmer pointed to the prime minister’s pledge in January that he would “stop the boats” by the end of the year, adding: “He has wasted all of his time on a gimmick and now he is absolutely nowhere.

“[He needs to] level with the British public and finally admit he’s failed to deliver on his promise.”

The ruling is now likely to reignite a row in the Conservatives over the UK’s future as a signatory of international human rights agreements – something the now ex-home secretary Suella Braverman has railed against.

MPs on the right of the party have been calling on the UK to exit or attempt to work around the European Human Rights Convention (EHRC), arguing the final say on government policy should be made in the British parliament rather than abroad.

One faction, called the New Conservatives, have been meeting this morning to discuss their next steps, and the party’s deputy chairman, Lee Anderson, said ministers should “ignore the law” and start sending asylum seekers to Rwanda anyway.

In her blistering letter to Mr Sunak after she was sacked earlier this week, Ms Braverman pre-emptively pinned the blame on the prime minister for the immigration policy she was charged with implementing falling in the courts, accusing him of not having a “plan B” to push forward.

Tweeting after the ruling, the former minister called for “emergency legislation” to “block” legal challenges, saying it would “give parliament a clear choice – control illegal migration or explain to the British people why they should accept ever greater numbers of illegal arrivals settling here”.

However, many in the party believe it is right to remain part of the agreements that protect human rights, standing alongside international allies.

Meanwhile, refugee charities celebrated the ruling, with the CEO of the Refugee Council, Enver Solomon, calling it “a victory for the rights of men, women and children who simply want to be safe”.

The chief executive of ActionAid UK also said the court’s decision came as a “huge sigh of relief”, as well as a vindication of “British values of compassion and dignity”.

And CEO of charity Choose Love, Josie Naughton, added: “Today’s decision is a moment of moral accountability.

“It shows the government cannot shirk its international obligations. Britain has a duty and legal responsibility to offer protection to refugees.”

Politics

Labour dealt historic loss in Caerphilly by-election – as Plaid Cymru win seat

Published

1 hour ago

October 24, 2025

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Labour dealt historic loss in Caerphilly by-election - as Plaid Cymru win seat

Plaid Cymru have won the by-election in the Senedd seat of Caerphilly for the first time.

The Welsh nationalist party secured 15,960 votes – and candidate Lindsay Whittle cried as the result was announced.

Mr Whittle is 72 years old and had stood as a Plaid candidate 13 times since 1983. He will now hold the seat until the Senedd elections next year.

This by-election was widely regarded as a two-horse race between Plaid Cymru and Reform UK, and the result marks a considerable blow for Nigel Farage.

Analysis: Reform candidate looked neglected and dejected

Jon Craig

Chief political correspondent

@joncraig

In a by-election in the birthplace of the comedian Tommy Cooper, it was Plaid Cymru that had the last laugh.

During the campaign, Nigel Farage and Reform UK’s candidate Llyr Powell had posed for photos in front of the statue of the legendary comic in Caerphilly.

But when the result was declared at 2.10am at the count in the town’s leisure centre, Mr Farage – who’d been campaigning for Mr Powell on polling day – was nowhere to be seen.

In fact, the joke among Plaid supporters at the count was that long before the declaration Mr Farage was halfway down the M4 on his way back to London.

Read Jon’s full analysis here.

His candidate Llyr Powell received 12,113 votes – denying a victory that would have strengthened claims that Reform can convert a large lead in opinion polls into election wins.

Nonetheless, the party’s performance is a marked improvement on 2021, when it received just 495 votes.

More than anything, the result is a humiliating and historic defeat for Labour, who had held Caerphilly at every Senedd election since it was created in 1999 – as well as the Westminster seat for over a century.

Its candidate Richard Tunnicliffe secured 3,713 votes and finished in third place, with Welsh Labour describing it as a “by-election in the toughest of circumstances, and in the midst of difficult headwinds nationally”.

Turnout overall stood at 50.43% – considerably higher than during the last ballot back in 2021.

Giving his acceptance speech after the result was confirmed, Mr Whittle described how he had been “absolutely heartened” by how many young people were involved in the by-election – and said the result sends a clear message.

He said: “Listen now Cardiff and listen Westminster – this is Caerphilly and Wales telling you we want a better deal for every corner of Wales. The big parties need to sit up and take notice.

“Wales, we are at the dawn of new leadership, we are at the dawn of a new beginning – and I look forward to playing my part for a new Wales, and in particular, for the people of the Caerphilly constituency. I thank you with all my heart.”

Mr Whittle quipped Plaid’s victory “was better than scoring the winning try for Wales in the Rugby World Cup”.

And looking ahead to the next year’s elections, he added: “[This] result shows what’s possible when people come together to back practical solutions and protect what matters most.

“We’ve beaten billionaire-backed Reform and, with the same determination, we can do it again in May 2026. Caerphilly has shown the way – now Wales must follow.”

Plaid Cymru leader Rhun ap Iorwerth told Sky News his party’s victory is the “start of a reset of politics in Wales”.

He said Plaid’s goal is to take over the Senedd for the first time in May next year.

“I want to see that through now. I’ve made it clear, said it in my conference speech a couple of weeks ago, we have to replace Labour,” he said.

“And it’s not just for its own sake, it’s so we get better outcomes for Wales. That’s what Plaid Cymru’s always about.”

Labour minister labels result ‘disappointing’

Cabinet Office minister Nick Thomas-Symonds told Sky News that “frustrations” with the “pace of change” led to Labour’s loss.

“I’m not shying away from, how disappointing the result is,” he said.

“What I found on the doorsteps was a real desire for more change, a frustration about the pace of change. That was coming through to me very strongly when I was speaking to people, I think that’s been reflected in the result.”

Labour’s deputy first minister in the Senedd, Huw Irranca-Davies, said the prime minister must “get back to bread and butter things” such as the cost of living, instead of focussing on immigration.

“We’ve got to get better,” he said.

“If it turns out as we think, as the polls have shown tonight, after a really good campaign with a really good Labour candidate in Richard, then we’ve got to talk about how do we get back to bread and butter things: cost of living, the state of the local community, the high street, the green spaces, the money in people’s pockets.

“And that’s a task for both Welsh Labour and UK Labour as well.”

First Minister Eluned Morgan congratulated Mr Whittle on his return to the Senedd and said: “We take our share of the responsibility for this result. We are listening, we are learning the lessons, and we will be come back stronger.”

Reform’s chair David Bull suggested the party’s strong performance in the polls cost them the by-election to Plaid Cymru.

“I actually think the problem for us was the MRP poll, which was released two or three days ago,” he told Sky News.

“It showed us on 42%, Plaid on 38%, and it changed some people’s minds. I’ve heard tales from Lib Dem supporters, even Tories, actually voting tactically for Plaid to keep us out.”

Nigel Farage added that Reform’s candidate lost to “a party that people know well and to a popular local politician”.

“The Senedd elections next year are a two-horse race between Reform UK and Plaid Cymru,” he said.

The Conservatives and the Liberal Democrats were among the parties that lost their deposits.