Sunak may 'disapply' rights law to save Rwanda scheme
The Guardian|November 20, 2023
Rishi Sunak is considering blocking a key human rights law to help force through plans to send asylum seekers to Rwanda under growing pressure from rightwing MPs.
Rajeev Syal
Sunak may 'disapply' rights law to save Rwanda scheme

Number 10 has discussed the possibility of "disapplying" the Human Rights Act to an emergency bill in an effort to minimise legal challenges against the prime minister's key immigration policy.

However, ministers are aware that such a proposal could face rebellions in the Commons and the Lords which could vote down the proposals.

A Conservative party source said: "This would tear the party apart. Several cabinet ministers and the One Nationers would not stand for it-the prime minister wouldn't even get it through the Commons. Never mind that this wouldn't placate the headbangers on the right either."

The government's quandary has emerged as a former supreme court judge said that the proposals to send people seeking asylum to the east African country - with no possibility of a return to the UK - are "probably dead".

Sunak is under intense pressure from the Conservative right to get the scheme working as part of his pledge to "stop the boats" amid the Channel migrant crisis. Right-leaning MPs are demanding that a flight take off for Kigali before the general election which is expected to take place before the end of 2024.

The UK's highest court last week ruled that Sunak's flagship policy is unlawful because of the possibility of "refoulement" - that refugees are at risk of being sent back to their country of origin by the Rwandan government.

Refoulement is prohibited by international laws, including the European convention on human rights (ECHR), the UN refugee convention and the UN convention against torture, which have been given effect in domestic law by the Human Rights Act.

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