British Supreme Court alleges incompatibility of legislation with human rights agreement in post-Brexit migration policy

The UK Supreme Court ruled this Monday (May 13, 2024) that parts of the British deportation policy law are invalid in Northern Ireland. The decision was justified by the legislation’s incompatibility with human rights protections established in post-Brexit agreements (British exit from the European Union).

The Illegal Migration Act prohibits individuals who arrive irregularly in the United Kingdom from applying for asylum, opting for deportation to their country of origin or to a third country considered safe by the British government, such as Rwanda. The information is from Reuters.

Judge Michael Humphreys presented the illegality of several articles of the law, including the removal of asylum seekers, children and victims of human trafficking without prior assessment. Sinead Marmion, a lawyer representing a 16-year-old Iranian asylum seeker, said the ruling prevents the government from removing such individuals from Northern Ireland.

Asylum seekers, including the Northern Ireland Human Rights Commission, argued that parts of the law were incompatible with the post-Brexit Windsor Framework.

The agreement, signed by the United Kingdom and the European Union, ensures that there will be no diminution of human rights protected under the Belfast Peace Agreement, known as the Good Friday Agreement, of 1998, after Great Britain’s departure from the European Union. .

Despite the court ruling, Prime Minister Rishi Sunak said plans for deportation flights to Rwanda, scheduled for July, will not be affected. Sunak said the government would take all necessary steps to defend its position, including appealing the decision.

“This judgment changes nothing about our operational plans. We continue working to have regular flights to Rwanda in the coming weeks and nothing will distract us from that”Sunak said, according to Reuters.


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