Powers to send migrants to Rwanda under the Illegal Migration Act 2023 have been disapplied in Northern Ireland as a result of a ruling from the Belfast High Court.
Judges ruled the Illegal Migration Act is incompatible with human rights protections guaranteed in the region under post-Brexit arrangements.
Mr Justice Humphreys also said aspects of the Act were incompatible with the European Convention on Human Rights (ECHR).
The move could trigger a large influx of migrants to Northern Ireland.
Powers to send migrants to Rwanda under the Illegal Migration Act 2023 have been disapplied in Northern Ireland as a result of a ruling from the Belfast High Court
PA
Two challenges were brought against the Illegal Migration Act, focussing on the peace process human rights protections guaranteed by the Windsor Framework.
The judge found that several elements of the Act do cause a “significant” diminution of the rights enjoyed by asylum seekers residing in Northern Ireland under the terms of the Good Friday Agreement.
Delivering the judgement in Belfast today, Humphreys said: “I have found that there is a relevant diminution of right in each of the areas relied upon by the applicants."
He added: “The applicants’ primary submission therefore succeeds.
"Each of the statutory provisions under consideration infringes the protection afforded to RSE (Rights, Safeguards and Equality of Opportunity) in the Belfast/Good Friday Agreement.”
One of the cases was taken by the Northern Ireland Human Rights Commission and the other by a 16-year-old asylum seeker from Iran who is living in Northern Ireland having arrived in the UK as an unaccompanied child.
The boy, who travelled from France by small boat and claimed asylum in July 2023, has said he would be killed or sent to prison if he returned to Iran.
The judge agreed to place a temporary stay on the disapplication ruling until another hearing at the end of May, when the applicants will have an opportunity to respond to the judgment.
Dr Tony McGleenan KC, representing the Government, indicated that an appeal may be considered.
The UK found itself in a row with the Republic of Ireland earlier this year as a result of the Rwanda plan, with increasing numbers of asylum seekers from the UK crossing the border to avoid the risk of being put on a plane to Kigali.
In response, Ireland began drafting its own legislation - threatening to use it to return asylum seekers who crossed the border from Northern Ireland back to Britain.
The country's Justice Minister, Helen McEntee - who had raised concerns over a surge in asylum seekers across the Northern Irish border - warned: "That's why I'll have emergency legislation at cabinet this week to make sure that we can effectively return people to the UK, and that's why I'll be meeting the Home Secretary to raise these issues on Monday."
But the PM's official spokesperson said the UK won't accept returns from Ireland, "just as the EU doesn't accept asylum returns from the UK to France."
