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Three judges in London said that “unless deficiencies” in Rwanda’s asylum system were corrected, “removal of asylum seekers to Rwanda will be unlawful.”
They agreed with migrants and campaigners who brought the case that the UK government could not guarantee that asylum seekers sent to Rwanda would not be deported to the country from which they were fleeing.
“The deficiencies in the asylum system in Rwanda are such that there are substantial grounds for believing that there is a real risk that persons sent to Rwanda will be returned to their home countries, where they faced persecution or other inhumane treatment,” said the judges.
A majority of judges were not convinced by Rwanda’s assurances, saying that although made in good faith the evidence they presented “does not establish that the necessary changes had by then been reliably effected or would have been at the time of the proposed removals.
“In consequence, sending anyone to Rwanda would constitute a breach of article 3 of the European Convention on Human Rights” which states that no one shall be subjected to torture, inhuman or degrading treatment or punishment, they added.
The Rwandan government told AFP that it remained committed to the plan.
“While this is ultimately a decision for the UK’s judicial system, we do take issue with the ruling that Rwanda is not a safe country for asylum seekers and refugees,” said government spokeswoman Yolande Makolo.
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