European judges have pledged FIGHT UK plan to ignore ruling on migrant flights in Rwanda, saying it ‘undermines human rights’
- The judge of the European Court of Human Rights warned that the plans “undermine” human rights
- This comes as the government is changing the illegal immigration bill to ignore orders from the European Court of Human Rights
A European judge has warned that the UK government’s plans to ignore its court orders “undermine” human rights.
The senior source in Strasbourg said plans to give Interior Minister Soella Braverman the power to ignore Rule 39 orders would “undermine” individuals’ rights under the European Convention on Human Rights.
This comes as the UK government is amending the Illegal Immigration Act to give the Home Secretary The discretion to ignore temporary orders to stop a deportation flight.
tHe used his orders in June last year by a single judge of the European Court of Human Rights to stop the first flight to Rwanda.
The amendments come after a revolt by Conservative Party MPs who demanded that the bill be toughened.
High-level sources in Strasbourg (pictured: European Court of Human Rights) have warned that plans to give Suella Braverman the power to ignore Rule 39 orders would ‘undermine’ individuals’ rights under the European Convention on Human Rights
It comes as the UK government is amending the Illegal Immigration Act to give the Home Secretary (pictured) the discretion to ignore temporary orders to stop a deportation flight.
A source in the European Court said The Daily TelegraphUnder the Convention regime, provisional measures (Rule 39) play a vital role in avoiding irreversible situations which would prevent national courts and/or the Tribunal from properly considering Convention complaints and, where appropriate, ensuring the practical and effective interest of the applicant Demand from the rights set forth in the agreement.
“The failure of the respondent State to comply with the provisional measures undermines the effectiveness of the right of individual application guaranteed by Article 34 and the State’s solemn undertaking in Article 1 to protect the rights and freedoms enshrined in the Convention.”
UK courts will also be barred from issuing injunctions to prevent the deportation of migrants on human rights or other grounds.
They will only be allowed to stay if they face a “real risk of serious and irreversible harm” in the country to which they are being removed. No further claims will be considered until after they have been deported.
The ministers argue that they are not violating the agreement because Rule 39 injunctions are only the “internal rules” of the court. Mr Sunak called it “vague, unfair and unfair”.
But Lord Thomas of Cwmgiedd, a former Lord Chief Justice, issued a warning to the government on Thursday, noting that the bill risked defeat in the Lords.
Speaking to BBC Radio 4’s Today programme, he said the Rule 39 orders would be “a very serious step for the government to consider bringing into force”.
“Legislation to allow the UK government to ignore court rulings undermines the rule of law, which is the foundation of domestic and international justice systems,” Bar Council President Nick Fennell KC told the Mail today.
