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The government’s plan to deport asylum seekers to Rwanda is “probably dead” after it was ruled unlawful this week by the Supreme Court, one of its former justices has said.

The court confirmed its “unanimous” decision on Wednesday after 18 months of legal battles, 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.

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Prime Minister Rishi Sunak has pledged to push on with the scheme – which aims to deter asylum seekers travelling to the country on small boats – promising to turn the agreement with the east African nation into a legally binding treaty to allay the court’s fears, and to change the law in the UK to define Rwanda as a “safe country”.

And Chancellor Jeremy Hunt told Sky News’ Sunday Morning with Trevor Phillips it was the government’s “plan” to bring forward the new treaty and legislation quickly.

But speaking on the same programme, Lord Sumption said such measures “wouldn’t work internationally”, adding it was not a proposal to change the law “but to change the facts”.

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Sunak presses ahead with Rwanda plan

MPs on the right of the Conservative Party have been up in arms since the ruling – including the recently sacked home secretary Suella Braverman, who has demanded the government withdraws from international treaties like the European Human Rights Convention or ignores the obligations to ensure the Rwanda scheme can go ahead.

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But Lord Sumption called that option “extreme”.

Defending the court’s ruling, he said: “They carefully avoided the political broader merits of the Rwanda project. They confined themselves to looking at whether Rwanda was a safe place to send people to. That was the sole issue.

“And what they decided was that it wasn’t because Rwanda’s record of expelling refugees to places which are or may be unsafe was bad, and because Rwanda just didn’t have the cultural, administrative or political substructure which was necessary to perform an agreement of that sort.”

The peer added: “You can’t in a matter of weeks or months or even years simply turn a country like that into one with an impartial civil service, an independent judiciary and the whole administrative culture.

“Ultimately, what the main problem about this scheme is that it outsources to Rwanda the decision about whether people have refugee status or not. And Rwanda just is not up to the job.”

Read more:
Analysis: PM’s suggestion after Rwanda ruling is disingenuous
Explainer: What we know about the future of the Rwanda scheme – and what we don’t

Lord Sumption said changing the UK law to insist the country is safe may work “domestically”, but even if the government chose to ignore its obligations to international treaties initially, it would “presumably intend to comply” with final orders from the European court.

Asked by Trevor Phillips if the scheme was now “dead” as a result of the Supreme Court ruling, the peer said: “I think the current Rwanda’s scheme is probably dead, but we obviously have to suspend judgements until we see what this legislation or this new treaty looks like.

“There are other possibilities. They’re not terribly attractive, but they do exist.”

Asked if he was comfortable with a change in the law to ensure the Rwanda scheme could push ahead, Mr Hunt told Trevor Phillips: “Yes, that is our democratic right as members of parliament, we made that commitment to the British people.”

On small boat crossings, the chancellor said the government was “making progress, but we haven’t yet finished the job”, adding: “We’ve been very clear we will do what it takes because a government’s job is to secure borders.

“We don’t think the system at the moment is fair to the British people, and nor is it fair to the people who are being smuggled by these evil gangs. We should decide who comes here and not those gangs.

“We will do it lawfully. And if we need to change the law, we’ll do that.”

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Kenya drafts legislation to regulate cryptocurrencies

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Kenya drafts legislation to regulate cryptocurrencies

Kenya is preparing legislation to regulate cryptocurrencies with a draft proposal open for public feedback until Jan. 24.

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Wolf Capital co-founder pleads guilty to $9.4M Ponzi, promised 547% returns

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Wolf Capital co-founder pleads guilty to .4M Ponzi, promised 547% returns

According to the US Department of Justice, Wolf Capital’s co-founder has pleaded guilty to wire fraud conspiracy for luring 2,800 crypto investors into a Ponzi scheme.

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Rachel Reeves lands in China amid pressure to cancel trip over market turmoil

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Rachel Reeves lands in China amid pressure to cancel trip over market turmoil

Making Britain better off will be “at the forefront of the chancellor’s mind” during her visit to China, the Treasury has said amid controversy over the trip.

Rachel Reeves flew out on Friday after ignoring calls from opposition parties to cancel the long-planned venture because of market turmoil at home.

The past week has seen a drop in the pound and an increase in government borrowing costs, which has fuelled speculation of more spending cuts or tax rises.

The Tories have accused the chancellor of having “fled to China” rather than explain how she will fix the UK’s flatlining economy, while the Liberal Democrats say she should stay in Britain and announce a “plan B” to address market volatility.

However, Ms Reeves has rejected calls to cancel the visit, writing in The Times on Friday night that choosing not to engage with China is “no choice at all”.

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The chancellor will be accompanied by Bank of England governor Andrew Bailey and other senior executives.

She will meet with her counterpart, Vice Premier He Lifeng, in Beijing on Saturday to discuss financial services, trade and investment.

She will also “raise difficult issues”, including Chinese firms supporting Russia’s invasion of Ukraine and concerns over constraints on rights and freedoms in Hong Kong, the Treasury said.

But it did not mention whether Ms Reeves would raise the treatment of the Uyghur community, which Downing Street said Foreign Secretary David Lammy would do during his visit last year.

Britain's Foreign Secretary David Lammy and Chinese Foreign Minister Wang Yi shake hands before their meeting at the Diaoyutai State Guesthouse in Beijing. Pic: AP
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Britain’s Foreign Secretary David Lammy and Chinese Foreign Minister Wang Yi in Beijing. Pic: AP

On Friday, Culture Secretary Lisa Nandy defended the trip, telling Sky News that the climbing cost of government borrowing was a “global trend” that had affected many countries, “most notably the United States”.

“We are still on track to be the fastest growing economy, according to the OECD [Organisation for Economic Co-operation and Development] in Europe,” she told Anna Jones on Sky News Breakfast.

“China is the second-largest economy, and what China does has the biggest impact on people from Stockton to Sunderland, right across the UK, and it’s absolutely essential that we have a relationship with them.”

Read more – Ed Conway analysis: The chancellor’s gamble with China

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Nandy defends Reeves’ trip to China

However, former prime minister Boris Johnson said Ms Reeves had “been rumbled” and said she should “make her way to HR and collect her P45 – or stay in China”.

While in the country’s capital, Ms Reeves will also visit British bike brand Brompton’s flagship store, which relies heavily on exports to China, before heading to Shanghai for talks with representatives across British and Chinese businesses.

It is the first UK-China Economic and Financial Dialogue (EFD) since 2019, building on the Labour government’s plan for a “pragmatic” policy with the world’s second-largest economy.

Sir Keir Starmer was the first British prime minister to meet with China’s President Xi Jinping in six years at the G20 summit in Brazil last autumn.

Relations between the UK and China have become strained over the last decade as the Conservative government spoke out against human rights abuses and concerns grew over national security risks.

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How much do we trade with China?

Navigating this has proved tricky given China is the UK’s fourth largest single trading partner, with a trade relationship worth almost £113bn and exports to China supporting over 455,000 jobs in the UK in 2020, according to the government.

During the Tories’ 14 years in office, the approach varied dramatically from the “golden era” under David Cameron to hawkish aggression under Liz Truss, while Rishi Sunak vowed to be “robust” but resisted pressure from his own party to brand China a threat.

The Treasury said a stable relationship with China would support economic growth and that “making working people across Britain secure and better off is at the forefront of the chancellor’s mind”.

Ahead of her visit, Ms Reeves said: “By finding common ground on trade and investment, while being candid about our differences and upholding national security as the first duty of this government, we can build a long-term economic relationship with China that works in the national interest.”

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