lawrota.com

Rishi Sunak’s proposed migration plan to Rwanda is causing a stir within the British government, with conflicting opinions on whether to opt out of European human rights laws. The prime minister is reportedly facing pressure to use emergency legislation to disapply the Human Rights Act, urging courts to overlook the European Convention on Human Rights in asylum cases. While some, including Immigration Minister Robert Jenrick, support this drastic measure, others, such as Home Secretary James Cleverly and Justice Secretary Alex Chalk, advocate for a more moderate approach. This internal disagreement raises concerns about potential legal challenges and delays to the deportation scheme.

In response to the recent ruling that deemed the deportation scheme unlawful, Sunak promised emergency legislation to categorize Rwanda as a “safe” country and establish a new treaty with Kigali. However, critics argue that this is merely a modified version of the previous failed plan. The consideration of defying the UK’s Human Rights Act has sparked controversy, with warnings that such a move could lead to internal party divisions and challenges in the Commons.

The updated Rwanda treaty, set to be presented to MPs after Chancellor Jeremy Hunt’s autumn statement, aims to address concerns about “refoulement” and prevent refugees rejected by Rwanda from being sent back to the country they are fleeing. Despite the controversy, the government maintains that leaving the European Convention on Human Rights is not currently deemed necessary, emphasizing the importance of elected representatives in parliament making decisions related to immigration.

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