A Belfast judge has ruled that the United Kingdom’s law to deport asylum-seekers should not apply in Northern Ireland due to violations of human rights protections. The Illegal Migration Act was found to be incompatible with the European Convention on Human Rights and the Good Friday peace agreement of 1998. The UK Prime Minister has stated that the government will appeal the judgment, as the law is central to the plan to deport migrants to Rwanda. However, it is unclear how this ruling will impact the deportation initiative.
The law was designed to deter migrants from crossing the English Channel and claiming asylum in the UK by offering the prospect of deportation to Rwanda. While the UK Supreme Court previously ruled against flights to Rwanda due to safety concerns, a subsequent bill declared the country safe, making it more difficult for migrants to challenge deportation. This law also allows the UK government to ignore injunctions from the European Court of Human Rights that seek to prevent removals.
The judge found that parts of the law violated human rights protections outlined in the post-Brexit deal between the UK and the European Union. The Windsor Framework, which is part of this agreement, requires honoring the peace accord that ended the Troubles in Northern Ireland. The Democratic Unionist Party leader stated that the UK government had been warned that its immigration policy would not apply in Northern Ireland due to conflicts with the post-Brexit agreement with the EU.
The law was challenged by the Northern Ireland Human Rights Commission and a 16-year-old Iranian boy who claimed asylum in the UK after crossing the English Channel without any parents. The boy, who is residing in Northern Ireland, fears for his safety if he is deported back to Iran. The judge has issued a temporary stay on the ruling until later this month, giving some time for further legal proceedings to take place. The ruling has raised concerns about the implications of the UK’s immigration policy in Northern Ireland.
