LONDON (The Guardian) - Home Secretary Priti Patel’s plan to deport asylum seekers to Rwanda is facing its first legal challenge after a charity instructed lawyers to demand the disclosure of documents because of fears the policy is contrary to international law.
In a pre-action letter to the Home Office, which is expected to lead to a judicial review claim, the solicitors Leigh Day stated that the charity Freedom from Torture “has serious concerns about the lawfulness of the policy”.
It has requested “disclosure of information regarding the policy”, including documents outlining it, risk assessments and the memorandum of understanding signed by the UK and Rwandan governments.
The legal action comes as the government’s controversial Nationality and Borders Bill was finally passed by the Lords and is poised to become law. The upper chamber rejected by 212 to 157 a last-ditch bid to ensure provisions in the legislation complied with the UK’s international obligations towards refugees. There were cries of “shame” from some peers as the result was announced.
Under the Rwanda deal, signed off by Patel and praised by Boris Johnson as a way of saving hundreds of people from trafficking, those arriving by small boat across the Channel would be flown with a one-way ticket to Rwanda.
Britain has promised Rwanda an initial £120mn as part of an “economic transformation and integration fund” but the UK will be paying for operational costs too. However, no details have been released by the Home Office.
The home secretary issued a rare ministerial direction to overrule concerns of civil servants about whether the scheme would deliver value for money.
Separately, another legal challenge has been launched by the charities Detention Action and Care4Calais as well as the PCS union, whose members include Home Office staff and Border Force officers.