Rishi Sunak hints he will quit ECHR after court disaster and confirms new Rwanda plan already underway

Rishi Sunak has hinted that he will quit the ECHR and remove any other domestic obstacles standing in the way of his plan to send migrants to Rwanda.

GBN
Millie Cooke

By Millie Cooke


Published: 15/11/2023

- 12:09

Updated: 15/11/2023

- 17:08

Sunak made the remarks at Prime Minister's Questions in the House of Commons

Rishi Sunak has hinted that he will quit the ECHR and remove any other domestic obstacles standing in the way of his plan to send migrants to Rwanda.

He also revealed the Government is already working on a new treaty with Rwanda.


This comes after the Supreme Court unanimously ruled that the migrant pact was illegal.

Sunak told the Commons he would “finalise” a new treaty with Rwanda in light of the Supreme Court’s judgment and was “prepared to revisit our domestic legal frameworks” if necessary.

WATCH: Rwanda asylum plan REJECTED as Supreme Court deem it UNLAWFUL

The Prime Minister said: “This morning also the Supreme Court gave a judgment on the Rwanda plan. They confirmed that the principle of removing asylum seekers to a safe third country is lawful.

“There are further elements that they want additional certainty on and noted that changes can be delivered in the future to address those issues.

“The Government has been working already on a new treaty with Rwanda and we will finalise that in light of today’s judgment.

“Furthermore, if necessary I am prepared to revisit our domestic legal frameworks.”

He added: "If it becomes clear that our domestic legal frameworks or international conventions are still frustrating the plans at that point, I am prepared to change our laws and revisit those international relationships.

“The British people expect us to do whatever it takes to stop the boats and that is precisely what this Government will deliver.”

In this morning's judgement, all five justices unanimously agreed with the Court of Appeal’s conclusion that the Rwanda policy was unlawful.

But dismissing thoughts that exiting the ECHR would be a silver bullet for the migrant pact, the judge said it is "not only the ECHR which is relevant to this case".

Lord Reed said: "There are also other international treaties which also prohibit the return of asylum seekers to their countries of origin without a proper examination of their claims".

Delivering his judgement, Lord Reed noted that "the court of appeal was right to overturn the high court's decision and to consider the evidence again for itself".

He cited concerns about "media and political freedom", the country's "poor human rights record" and a "misunderstanding of its obligations under the Refugee Convention".

Lord Reed said the “legal test” in the case was whether there were “substantial grounds” for believing that asylum seekers sent to Rwanda would be at “real risk” of being sent back to the countries they came from where they could face “ill treatment”.

He said: “In the light of the evidence which I have summarised, the Court of Appeal concluded that there were such grounds.


Rishi Sunak will hold an emergency press conference at 4.45pm to address the ruling.

The Home Secretary will also address the Commons this afternoon.

Speaking after the ruling, James Cleverly said the Government will "will continue to look at every possible avenue to disrupt the vile criminal gangs’ business model".

He said: “Channel crossings are down compared to last year. We’ve increased immigration enforcement activity, asylum decisions have tripled since the start of the year and we’ve ramped up returns.

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“Our partnership with Rwanda, while bold and ambitious, is just one part of a vehicle of measures to stop the boats and tackle illegal migration.

“But clearly there is an appetite for this concept. Across Europe, illegal migration is increasing and governments are following our lead – Italy, Germany and Austria are all exploring models similar to our partnership with Rwanda.

“We will carefully review today’s judgment to understand implications and next steps.

“We will continue to look at every possible avenue to disrupt the vile criminal gangs’ business model of putting innocent lives at risk for their own financial, selfish gain.”

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