Rishi Sunak’s Rwanda Bill could face landmark legal challenges after six people from the African country were granted asylum in the UK.
Half-a-dozen Rwandans have been granted asylum since the policy was unveiled in April 2022.
The Home Office did not disclose the reasoning for granting asylum to each individual.
However, Government data confirmed at least one decision was based on sexual orientation.
A boat taking Channel crossing migrants to British shores and an inset of Rishi Sunak
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Official statistics do not provide a specific figure when the number of people granted asylum based on their sexuality is four or less for privacy reasons.
A number of experts have warned the situation could undermine the appeals component of Sunak’s Safety of Rwanda Bill.
The legislation, which returns to the House of Commons for its second this week, is expected to face a number of amendments after planes were grounded due to several legal challenges.
The Prime Minister hopes passing the bill will allow the Government to rule Rwanda as a safe country after the Supreme Court ruled it is not.
Former Attorney General Dominic Grieve, who rose to prominence as a vocal Remain-supporting Tory MP before leaving Parliament after the 2019 General Election, told The i: “It’s going to be a great difficulty resisting a challenge by somebody under the same reasons that asylum was granted.
“It’s always struck me that it’s not going to work and this is another illustration of that.”
London law firm Duncan Lewis' public law team also warned it was “quite clearly further illustration of what has been confirmed by the UK Supreme Court – that Rwanda’s human rights record is such that removing people there would be unlawful”.
Christopher Cole, a member of the Law Society’s immigration law committee, added: “If the Government here accepts that this individual would be at real risk of persecution, then, logically that would apply to people with similar characteristics; that is certainly an argument that I would be using.”
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Home Secretary James Cleverly visited Rwanda
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A survey of 213 individuals handed Rwanda notices last year confirmed at least three people at risk of deportation identify as LGBT+.
Sunak is also preparing to take on Tory rebels over his Rwanda plan, with at least 53 right-wing MPs wanting more hardline provisions to stop asylum seekings appealing their removal to Rwanda.
Former Home Secretary Suella Braverman and ex-Immigration Minister Robert Jenrick have pushed the Prime Minister to override the European Court of Human Rights.
GB News understands that MPs from the two largest groupings of the so-called “five families” - the New Conservatives and the European Research Group - are due to meet tonight to discuss strategy ahead of the key votes on the Rwanda Bill tomorrow and Wednesday.
However, Sunak appeared to suggest he would be willing to defy judges in Strasbourg.
Speaking to GB News from Leigh-on-Sea in Essex, the Prime Minister said: “I won't let a foreign court stop us from getting flights off and this deterrent working.
“There's a clause in the Bill that says, very specifically, that it is for ministers to decide whether to comply with Rule 39 rulings as they're called, I would not have put that clause in the Bill if I was not prepared to use it.
Rishi Sunak is committed to stopping the boats
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“Now look I don't think Strasbourg will intervene because of the checks and balances in our system. And of course, there will be individual circumstances that people want us to consider on the facts.
“But if you're asking me you know, are there circumstances in which I'm prepared to ignore those Rule 39s? Then yes, of course there are.”
However, a document sent by Home Secretary James Cleverly last Thursday said that “while Rwanda is now a relatively peaceful country with respect for the rule of law, there are nevertheless issues with its human rights record around political opposition to the current regime, dissent and free speech”.
Sunak managed to see off rebels with a larger-than-expected majority of 44 in its second reading.
The Prime Minister saw off humiliation in the House of Commons after 37 Tory MPs decided to abstain as they looked to put forward amendments to bolster the Bill.
Tackling illegal migration could prove significant for Sunak’s Tories ahead of the upcoming general election, with YouGov predicting a 1997-style wipeout as Reform UK eats into the Conservative vote.
However, around 101 MPs associated with the liberal-leaning One Nation Caucus could withdraw their support if the legislation breaches the rule of law and the UK’s international obligations.
