On Monday morning, the High Court in Belfast ordered parts of the law to be “disapplied,” saying. They undermined the human rights protections guaranteed in the bloc under post-Brexit agreements. The Illegal Immigration Act gives the government new powers to detain. And deport asylum seekers believed to have entered the UK illegally. At the heart of the new law is a plan to send asylum seekers to Rwanda.
Mr Justice Humphreys said aspects of the Illegal Immigration Act. Were also inconsistent with the European Convention on Human Rights (ECHR), to which the UK is still a party. Prime Minister Rishi Sunak said the government would appeal the decision. Which he said would “change the legality of our operational plans. And also the Rwanda Security Act to bring illegal migrants into Rwanda in July.” Not,” he said.
After Brexit
The UK and the EU agreed to the Windsor Framework. Which provides that the rights provisions contained in the 1998 Good Friday Peace Agreement cannot be reduced. Even if they differ from those in the rest of the UK. The judge found that several elements of the Illegal Immigration Act. Resulted in a “significant” reduction in the rights available. To asylum seekers in Northern Ireland under the terms of the Good Friday Agreement.
“We find that there are significant limitations on rights in each of the areas raised by the applicant,” he said. He added:” The applicant’s present application therefore succeeds. Each of the legal provisions under consideration reflects the protections (rights, safeguards, and equal opportunities). Afforded to the RSE in the Belfast/Good Friday Agreement. The judge ruled that the provisions of the Act that were the subject of legal challenge apply. It “should not apply” in Northern Ireland.
This is Irreconcilable
The judgment has sparked a spat between Ireland and also the UK in recent weeks. After the Dublin government introduced plans to return asylum seekers who crossed the border into the Republic from Northern Ireland to the UK. The plan was introduced after Rwanda’s security law came into force at the end of April. The law declares African states to be safe havens for deporting asylum seekers.
Irish Minister for Justice Helen McEntee told a parliamentary committee that more than 80% of new arrivals to Ireland came via the land border with Northern Ireland. Mr Modi’s case was brought to the High Court in Belfast by the Northern Ireland Human Rights Commission and a 16-year-old asylum seeker from Iran who arrived in the UK on a small boat from France as an unaccompanied child last summer.
Awaited Results
He currently lives in Northern Ireland and says his application has not yet been decided, but he would be killed or imprisoned if extradited to Iran. Mr. Justice Humphreys agreed to temporarily suspend the refusal decision until his further hearing at the end of May when the applicant will be able to respond to the judgment. Lawyer Sinead Marmion, who represented the boy, said the verdict was “very important.”
She said this would make the Rwandan regime inapplicable to Northern Ireland.”This is a huge headache for the government and has completely messed things up,” she said. The Prime Minister said: This judgment does not change our operational plan to bring illegal immigrants into Rwanda in July or the legality of the Rwanda Security Act.” This agreement should be interpreted as it was always intended and should not be extended to include issues such as illegal immigration.
“We will do everything we can to defend this position, including an appeal.” Also Northern Ireland DUP leader Gavin Robinson has called on the UK government to prevent rifts in immigration policy between UK nations. However he said that if countries adopted different policies, Northern Ireland would become a “magnet for asylum seekers who want to avoid coercion.”
