Law allowing asylum seekers to be sent to Rwanda disapplied by court in Northern Ireland – but UK govt to appeal
Rishi Sunak has said the government will appeal against a court ruling that provisions of the UK’s Illegal Migration Act – which created powers to send asylum seekers to Rwanda – should be disapplied in Northern Ireland.
The High Court in Belfast on Monday morning ordered the “disapplication” of sections of the act as they undermine human rights protections guaranteed in the region under post-Brexit arrangements.
The Illegal Migration Act provides new powers for the government to detain and remove asylum seekers it deems to have arrived illegally in the UK. Central to the new laws is the scheme to send asylum seekers to Rwanda.
Mr Justice Humphreys said aspects of the Illegal Migration Act were also incompatible with the European Convention on Human Rights (ECHR), which the UK remains signed up to.
Prime Minister Rishi Sunak said the government would appeal against the ruling and the judgment “changes nothing about our operational plans to send illegal migrants to Rwanda this July or the lawfulness of our Safety of Rwanda Act”.
Following Brexit, the UK and the EU agreed the Windsor Framework, which stipulates there can be no diminution of the rights provisions contained within the Good Friday peace agreement of 1998, even if they differ from the rest of the UK.
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Migrant pays to return to France
The judge found several elements of the Illegal Immigration Act cause a “significant” reduction of the rights enjoyed by asylum seekers in Northern Ireland under the terms of the Good Friday Agreement.
“I have found that there is a relevant diminution of right in each of the areas relied upon by the applicants,” he said.
He added: “The applicants’ primary submission therefore succeeds. Each of the statutory provisions under consideration infringes the protection afforded to RSE (Rights, Safeguards and Equality of Opportunity) in the Belfast/Good Friday Agreement.”
The judge ruled that the sections of the Act that were the subject of the legal challenges should be “disapplied” in Northern Ireland.
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The ruling will fuel a row between Ireland and the UK in recent weeks following the Dublin government introducing plans to return asylum seekers to the UK who cross the border from Northern Ireland into the Republic.
The plans were introduced after the Safety of Rwanda Bill became law at the end of April. The law declares the African nation a safe place to deport asylum seekers to.
Irish justice minister Helen McEntee told a parliamentary committee more than 80% of recent arrivals in Ireland came via the land border with Northern Ireland.
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Ireland plans to return migrants to UK
Moday’s cases were brought to Belfast’s High Court by the Northern Ireland Human Rights Commission and a 16-year-old asylum seeker from Iran who arrived in the UK as an unaccompanied child on a small boat from France last summer.
He is currently living in Northern Ireland where his application has not yet been determined but said he would be killed or sent to prison if returned to Iran.
Mr Justice Humphreys agreed to place a temporary stay on the disapplication ruling until another hearing at the end of May, when the applicants will be able to respond to the judgment.
Lawyer Sinead Marmion, who represented the teenager, said the judgment was “hugely significant”.
She said it would prevent the Rwanda scheme applying in Northern Ireland.
“This is a huge thorn in the government’s side and it has completely put a spanner in the works,” she said.
The UK government passed a law declaring Rwanda safe. Pic: AP
The prime minister said: “This judgment changes nothing about our operational plans to send illegal migrants to Rwanda this July or the lawfulness of our Safety of Rwanda Act.
“I have been consistently clear that the commitments in the Belfast (Good Friday) Agreement should be interpreted as they were always intended, and not expanded to cover issues like illegal migration.
“We will take all steps to defend that position, including through appeal.”
Gavin Robinson, leader of Northern Ireland’s DUP, called on the government to prevent a fracture in immigration policy between the UK’s nations.
He said if nations have different policies it would make Northern Ireland a “magnet for asylum seekers seeking to escape enforcement”.
Conservative Party leader Kemi Badenoch has called on Sir Keir Starmer to sack Treasury minister Tulip Siddiq over allegations she lived in properties linked to allies of her aunt, Sheikh Hasina, the deposed prime minister of Bangladesh.
It comes after the current Bangladeshi leader, Muhammad Yunus, said London properties used by Ms Siddiq should be investigated.
He told the Sunday Times the properties should be handed back to his government if they were acquired through “plain robbery”.
Tory leader Ms Badenoch said: “It’s time for Keir Starmer to sack Tulip Siddiq.
“He appointed his personal friend as anti-corruption minister and she is accused herself of corruption.
“Now the government of Bangladesh is raising serious concerns about her links to the regime of Sheikh Hasina.”
Ms Siddiq insists she has “done nothing wrong”.
Her aunt was ousted from office in August following an uprising against her 20-year leadership and fled to India.
Ms Siddiq is also named with her aunt in Bangladesh court documents about meetings with the Russian government.
Tory leader Kemi Badenoch has called on Sir Keir to sack the minister
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As economic secretary to the Treasury, Ms Siddiq is responsible for policy on both the City and tackling corruption.
She referred herself to the prime minister’s ethics watchdog on Monday following the reports about the properties.
On the same day, the prime minister said: “Tulip Siddiq has acted entirely properly by referring herself to the independent adviser, as she’s now done, and that’s why we brought into being the new code.
“It’s to allow ministers to ask the adviser to establish the facts, and yes, I’ve got confidence in her, and that’s the process that will now be happening.”
Police in Aberdeen have widened the search area for two sisters who disappeared four days ago in the city.
Eliza and Henrietta Huszti, both 32, were last seen on CCTV on Market Street after leaving their home on Tuesday at around 2.12am.
The sisters – who are part of a set of triplets and originally from Hungary – crossed the Victoria Bridge to the Torry area and turned right on to a footpath next to the River Dee.
Eliza and Henrietta Huszti were last seen on CCTV in Market Street. Pic: Police Scotland/PA
They headed in the direction of Aberdeen Boat Club but officers said there is no evidence to suggest the missing women left the immediate area.
Specialist search teams, police dogs and a marine unit have been trying to trace the pair.
The sisters crossed Victoria Bridge before walking along a footpath next to the River Dee
The pair were heading in the direction of Aberdeen Boat Club on the south side of the River Dee
Further searches are being carried out towards the Port of Aberdeen’s South Harbour and Duthie Park.
Police Scotland said it is liaising with authorities in Hungary to support the relatives of the two sisters.
Chief Inspector Darren Bruce said: “Eliza and Henrietta’s family are understandably extremely worried about them and we are working tirelessly to find them.
“We are seriously concerned about them and have significant resources dedicated to the inquiry.”
The sisters, from Aberdeen city centre, are described as slim with long brown hair.
Henrietta Huszti. Pic: Police Scotland
Eliza Huszti. Pic: Police Scotland
Officers have requested businesses in and around the South Esplanade and Menzies Road area to review their CCTV footage for the early morning of Tuesday 7 January.
Police added they are keen to hear from anyone with dashcam footage from that time.
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