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Rishi Sunak, the British Prime Minister. Alamy Stock Photo
UK Politics

Rishi Sunak hints he could change UK laws to deliver Rwanda policy after Supreme Court decision

The British PM hinted that he could changes UK laws to push the policy through ‘if necessary’.

BRITISH PRIME MINISTER Rishi Sunak have vowed to sign a new deal with Rwanda after his promise to “stop the boats” was plunged into fresh jeopardy by the Supreme Court ruling his flagship asylum policy is unlawful.

The Prime Minister hinted he could change UK laws “if necessary” and may reconsider “international relationships” as he comes under pressure from Conservatives to quit the European Convention on Human Rights (ECHR).

Five justices at the UK’s highest court on Wednesday unanimously rejected the Government’s appeal over its policy of removing asylum seekers to the east African nation if they arrive by unauthorised means.

Expulsion flights to Kigali will stay grounded despite the UK handing over more than £140 million for a policy that has been stalled during more than a year of legal challenges.

Mr Sunak vowed to do “whatever it takes” to end Channel crossings, as he indicated the first step will be to “finalise” a new treaty with Rwanda which could alleviate the legal challenges.

He focused on the Supreme Court suggesting changes in Rwanda to prevent genuine asylum seekers being sent back to the countries they have fled could render the plans lawful.

“There are further elements that they want additional certainty on and noted that changes can be delivered in the future to address those issues,” Mr Sunak said at Prime Minister’s Questions.

“The Government has been working already on a new treaty with Rwanda and we will finalise that in light of today’s judgment.”

But he dangled an offer to the Tory right by suggesting he could go further, as sacked home secretary Suella Braverman waits in the wings to challenge his authority.

“If it becomes clear that our domestic legal frameworks or international conventions are still frustrating the plans at that point, I am prepared to change our laws and revisit those international relationships,” the Prime Minister said.

“The British people expect us to do whatever it takes to stop the boats and that is precisely what this Government will deliver.”

Supreme Court president Lord Reed ruled there would be a risk of Rwanda returning genuine asylum seekers to face “ill treatment” in the country they had fled.

Mrs Braverman said after her ousting this week that Mr Sunak had no “credible plan B” and would be “back at square one” in the event of legal failure, as she took aim at his approach to the ECHR.

But Lord Reed made it clear in his summary of the judgment that it is not the only international treaty relevant to the court’s decision, which also took into account domestic law.

Mr Sunak will hold a Downing Street press conference on Wednesday afternoon as his more hardline MPs grow increasingly frustrated at his leadership.

New Home Secretary James Cleverly insisted the “bold and ambitious” Rwanda scheme is “just one part of a vehicle of measures to stop the boats and tackle illegal migration”.

Lord Reed agreed with the Court of Appeal decision earlier this year that there are “substantial” grounds to believe there is a “real risk” of refugees being returned by Rwanda to their home countries.

But he made it clear the judgment was based only on the current failure to “eliminate the risk” there and said the changes needed to reduce this “may be delivered in the future”.

The flagship policy was first announced by Boris Johnson in April 2020 but not one migrant has been removed to Kigali during a series of legal challenges.

Campaigners welcomed the verdict, with the Freedom From Torture charity hailing it as a “victory for reason and compassion”.

Steve Smith, chief executive of the Care4Calais refugee charity, said: “The Supreme Court’s judgment is a victory for humanity.

“Today’s judgment should bring this shameful mark on the UK’s history to a close.”

Dover Tory MP Natalie Elphicke said a deal with France is now the best way to stop small boats crossing the English Channel, conceding the Rwanda policy is “effectively at an end”.

The rulings were based on evidence that Kigali has a “poor human rights record”, citing British police warning Rwandans in the UK of credible plans by the nation’s government to kill them.

Concerns of political and media freedom were also raised, as was the inability of the Rwandan courts to act independently of the government.

Evidence from the UNHCR, the United Nations’ refugee agency, cited Rwanda’s 100% rate of rejection of claims from countries in conflict zones such as Syria, Yemen and Afghanistan.

This is despite the UK authorities often finding the claims are “well founded”.

The body also presented evidence of more than 100 cases of “refoulement” – the process of returning refugees to their origin countries – that have taken place after the UK agreed its deal with Rwanda.

Shadow home secretary Yvette Cooper said Mr Sunak’s “flagship policy has completely failed” as she accused him of failing to “have any serious plan to tackle dangerous boat crossings”.

“Labour argued from the start this plan is unworkable and extortionately expensive; now it has been confirmed as unlawful because the Government failed to ensure they had a robust and workable policy,” she said.

Downing Street has in recent days conceded that the policy is “crucial” to Mr Sunak’s promise to the nation of “stopping the boats”.

More than 27,300 migrants have been detected making unauthorised crossings of the English Channel so far this year, according to official figures

Whereas Mrs Braverman repeatedly signalled she wanted out of the ECHR, Mr Cleverly said, while foreign secretary in April, that he was “not convinced” the move is necessary.

He said the European countries that are not signatories to the Convention – Russia and Belarus – are a “small club”, adding: “I am not convinced it is a club we want to be part of.”

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