Flights taking asylum seekers to Rwanda could be stopped by the Attorney General if the European Court of Justice intervenes to stop deportation.
The Home Office is preparing to restart flights, whilst they await the verdict of the Supreme Court to say whether the scheme is legal.
However, European judges could still order the flights deporting migrants to be grounded.
Victoria Prentis, the Attorney General of England and Wales, said that she does not have the powers to overrule ECHR rulings if they decide to oppose the Illegal Migration Act.
WATCH NOW: UK's Rwanda policy
Some are thought to believe that if the court decides the Rwanda plan is unlawful, Prentis would insist it be obeyed.
The Prime Minister’s allies believe he will ignore attempts from the European Court of Human Rights to ground deportation flights.
The Rwanda asylum plan would send some migrants to Rwanda with a one-way ticket.
They can then either be granted refugee status in Rwanda, apply to stay there on other grounds, or seek asylum in another “safe third country”.
The scheme aims to stop people crossing the channel on small boats to enter the UK.
The five-year trial was announced in April 2022, but in June 2023, the Court of Appeal overturned a ruling by the High Court which said the plan was lawful.
MIGRANT CRISIS LATEST:
Judges ruled that the country was not a good choice for migrants become of “deficiencies” in its asylum system which could result in claimants being sent back to their home countries.
In June 2022, the first flight bound for Rwanda was blocked from taking off at the 11th hour after an unnamed ECHR judge issued a rule 39 interim injunction – which bans the flights from taking off.
The Supreme Court will begin its three-day hearing on October 9 to determine whether it is lawful to deport migrants to Rwanda.
The Government is making plans for either outcome of the Supreme Court’s ruling, which is due to be announced next month.
If the policy is deemed legal, flights could begin within weeks.
If not, the Government is considering signing a formal treaty with Rwanda to bypass the EU’s legal concerns.
The European court could issue an injunction 39 to halt the flights regardless of the Supreme Court’s outcome.
Ms Braverman visiting the potential migrant housing estate in Kigali, RwandaPASunak would then have to decide whether to use the powers in the new Illegal Migrant act to ignore the EU’s orders.
Prentis has been reported to have concerns about the legality of the Act and whether the UK could overrule it.
“There will be a choice for the Government at that point whether or not to proceed with a flight,” a Whitehall source told The Telegraph.
“There’s a choice for the Government whether or not to abide by it [the EU’s verdict] and pause flights until the case has been heard.
“The most likely outcome would be that we would proceed without waiting for Strasbourg to opine.”
