Rishi Sunak’s Illegal Migration Act Ruled Incompatible With Brexit Protocol, Disapplied In Northern Ireland

Royal Courts of Justice where the High Court and the Court of Appeal sit in Belfast, Northern Ireland. Picture date: Monday November 07 2022. See PA story ULSTER Court. Photo credit should read: Liam McBurney/PA Wire URN:69664857 (Press Association via AP Images)

A Belfast High Court judge declared on Monday that key provisions of the Prime Minister Rishi Sunak’s Illegal Migration Act conflict with the human rights standards in the region, in a judgement that places a temporary hold on the Act’s application in Northern Ireland.

Mr. Justice Humphreys, presiding over the case, concluded that the law’s provisions severely undermine protections under the post-Brexit Windsor Framework, which insists on maintaining the human rights established by Northern Ireland’s 1998 Good Friday Agreement.

The judge highlighted the incompatibility of the Act with both the European Convention on Human Rights (ECHR) and local rights agreements, specifically noting a “significant” reduction in the rights of asylum seekers.

“The applicants’ primary submission therefore succeeds. Each of the statutory provisions under consideration infringes the protection afforded to RSE (Rights, Safeguards and Equality of Opportunity) in the Belfast/Good Friday Agreement,” Justice Humphreys said.

Central to the controversy is the Act’s scheme to deport asylum seekers to Rwanda, a plan now stymied in Northern Ireland due to this ruling. This decision originated from two legal challenges—one by the Northern Ireland Human Rights Commission and another by a 16-year-old Iranian asylum seeker, who argued that returning to Iran would endanger his life.

The government’s legal representative, Dr. Tony McGleenan KC, hinted at a possible appeal, the court has scheduled another hearing for the end of May.