The Irish High Court last night ruled the UK is not a safe country to return asylum seekers to, due to the risk of them being onwardly deported to Rwanda.
It risked sparking a full-blown diplomatic row last night FRI as the British Government said it ‘entirely refuted’ the court’s conclusion.
One UK Home Office source added: ‘This is absolutely absurd.’
The decision by Judge Siobhán Phelan related to Irish ministers’ 2020 decision – in the wake of Brexit – to designate the UK as a ‘safe third country’ under the country’s International Protection Act.
However, she said it was not necessary for her ‘at this time’ to decide if the UK could be considered safe for asylum applicants.
Irish legislation scrutinised during the court case allows ministers to reject humanitarian claims if the applicant has travelled from the UK.
The UK is not a safe place to return asylum seekers due to the risk they may be deported to Rwanda, the Irish High Court ruled last night
The test case was brought by two men.
The first, a 23-year-old Iradi Kurd, applied for protection in Ireland in May 2021 two years after having a similar claim refused in Britain.
The second, a Nigerian, applied for asylum in Ireland in 2022 after previously being a student in Britain and claiming he was in danger in the UK over debts.
Their lawyers argued Ireland could not absolve itself of its responsibilities by sending people to one country, while knowing a further country would be the ‘ultimate destination’.
Judge Phelan said the proceedings called into question the legal basis for designating the UK as a safe third country.
The decision by Irish justice minister Helen McEntee was in breach of the requirements of European Union law, she added.
‘The designation of the United Kingdom of Great Britain and Northern Ireland… is therefore unlawful and ultra vires the powers of the minister,’ the judge said.
The case will return to the Irish High Court in two weeks’ time for further orders.
A British government spokesman said: ‘We entirely refute the notion that our partnership with Rwanda makes the UK an unsafe country.
‘We also make no apology for pursuing bold solutions to stop illegal migration, dismantle the people smuggling gangs and save lives.
‘We have worked closely with the Rwandan government to address the Supreme Court’s findings, including through our Safety of Rwanda Bill.
‘This makes it absolutely clear in UK law that Rwanda is a safe country.’
The British government said that it ‘entirely refuted’ the ruling, with the Home Office calling the decision ‘absurd’
Britain’s Supreme Court declared the Rwanda scheme unlawful last year but new measures – nearing the end of their passage through Parliament – aim to overcome the justices’ concerns and finally get removal flights underway.
The policy is designed to deter small boat migrants, more than 75 of whom have lost their lives in the Channel since the crisis began five years ago.
The test case was brought by two men. The first, an Iraqi Kurd, applied for protection in Ireland in 2021 two years after having a similar claim refused in Britain. The second, a Nigerian, applied for asylum in Ireland in 2022 after claiming he was in danger in the UK over debts.
Their lawyers argued Ireland could not absolve itself of its responsibilities by sending people to one country, while knowing a further country would be the ‘ultimate destination’.
Judge Phelan said the proceedings made the legal basis for designating the UK a safe third country ‘unlawful’. The case will return to the Irish High Court next month.
The UK Government said: ‘We entirely refute the notion that our partnership with Rwanda makes the UK an unsafe country.’