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<\/p>\nRishi Sunak\u2019s plan to rush through new laws, enabling illegal asylum seekers to be deported to Rwanda for processing of their claims, is doomed to fail, according to a major new expert study.<\/p>\n
The paper drawn up by top KC Martin Howe for the Centre for Brexit Policy think tank, has warned that as long as the UK is a signatory to the ECHR, it will face appeals to the European Court of Human Rights in Strasbourg and further long delays in processing claims.<\/p>\n
The report noted: \u201cThe Rwanda removal scheme is still left vulnerable to ECHR-based legal challenges in the UK courts.<\/p>\n
“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.\u201d<\/p>\n
It concluded that the only way to remove the power of the unaccountable Strasbourg court from the UK legal system was to announce Britain’s departure from the ECHR.<\/p>\n
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The report comes as another legal expert has told Express.co.uk that the emergency legislation planned by Rishi Sunak to overcome the reasons the Supreme Court blocked the Rwanda deportation scheme is set to fail.<\/p>\n
Dr Joelle Grogan, senior researcher at UK in a Changing Europe and former head of the government legal service, told Express.co.uk: \u201cThe Government could pass legislation which said that Rwanda is safe, but – this would not change the facts on the ground in Rwanda.<\/p>\n
“It would only have legal effect in the UK. What this means is that the European Court of Human Rights in Strasbourg could still issue rule 39 orders against removals, and we could see judgments against the UK stating that it is violating human rights.<\/p>\n
“However – and it certainly seems to indicate so – the government can choose to ignore both.”<\/p>\n
He went on: “It’s the responsibility of each country to uphold its commitment to the ECHR.<\/p>\n
“The real damage if the UK started ignoring the Court is to the UK’s (strong) human rights record before the Court, and to its international reputation as a country that holds itself to the agreements that it’s signed up to.”<\/p>\n
Joelle Grogan<\/span><\/p>\n Don’t miss… <\/strong> New Home Secretary James Cleverly also has the task of trying to get the emergency legislation quickly through Parliament.<\/p>\n However, Mr Grogan warns that this will be difficult, especially because of opposition in the Lords.<\/p>\n The last immigration legislation earlier this year met fierce resistance from the Lords led by the Archbishop of Canterbury Justin Welby.<\/p>\n Dr Grogan said: “The challenge for the government, however, is getting it through Parliament. Even if the legislation can be fast-tracked through the Commons where government has a majority – it doesn’t control the Lords’ timetable.<\/p>\n “The Lords are likely to closely look at whether – especially considering the evidence they heard yesterday – Rwanda is safe. This could delay the passage of the Bill right up to the next election and make it a manifesto issue instead.\u201d<\/p>\n
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