Rwanda scheme is doomed unless UK quits European Court of Human Rights, report says
QUITTING the European Court of Human Rights is the only way to revive the Rwanda plan, Rishi Sunak has been told.
The PM’s deportation scheme is doomed to fail as long as Britain is beholden to meddling judges in Strasbourg, a report says.
The Centre for Brexit Policy insists his emergency legislation after last week’s Supreme Court defeat will not make the government immune to challenges on ECHR grounds.
Barrister Martin Howe has warned: “The Rwanda removal scheme is still left vulnerable to ECHR-based legal challenges in the UK courts.
“There will be challenges based on individual circumstances even if emergency legislation reverses the effect of the Supreme Court decision, unless that emergency legislation is drafted to exclude those individual challenges as well.”
Many Tory MPs, including sacked Home Secretary Suella Braverman, want Mr Sunak to go further by removing all ECHR or Human Rights Act laws from migration policy.
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Immigration Minister Robert Jenrick is also said to be pushing this privately.
The PM wants new laws to declare the east African nation safe so domestic courts will throw out appeals.
He also vowed to ignore ECHR so-called “pyjama injunctions” where anonymous Strasbourg judges scupper removal flights at the last minute.
In his report Mr Howe says the Euro court now actively “subverts” its original aim of protecting human rights.
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He said: “The Strasbourg Court has transformed it into something completely different, by acting effectively as a law-making body rather than sticking to its allotted task of interpreting the text which was agreed by the founding states.”
A new treaty with Rwanda will also be signed in the coming days to plug the holes raised by the Supreme Court around refugee safety.