Rwanda civil service guidance lawful - High Court

Guidance telling civil servants to send some asylum seekers to Rwanda in spite of rulings from the European Court of Human Rights (ECHR) has been deemed lawful by the High Court.

The union for civil servants launched a legal challenge to ministers over fears the Rwanda scheme would force officials to break the law.

But in a ruling issued on Friday, Mr Justice Chamberlain dismissed the challenge.

However, the future of the scheme is in doubt as Sir Keir Starmer, who became UK prime minister on Friday, has pledged to scrap it immediately.

The plan was a key part of former PM Rishi Sunak's pledge to stop migrants from crossing the English Channel in dangerous dinghies.

Under a new law, ministers can ignore the ECHR and direct officials to organise flights.

Civil service union the First Division Association (FDA) wanted the High Court to rule on whether that element would put civil servants in a difficult legal position.

But in his ruling the judge said that while civil servants “must refuse” to carry out ministerial instructions which are contrary to domestic law, there is no equivalent rule regarding international law.

“Any such rule would transform almost every obligation binding on the United Kingdom on the international plane into a domestic constraint on Ministerial action,” the judge said.

The Safety of Rwanda legislation overruled last November's Supreme Court ruling that the country was not a safe place to send genuine refugees.

It also limited what kind of legal challenges people being deported to Rwanda could present to the courts. It empowered ministers to choose to ignore a temporary order from the ECHR to halt flights while a case was still being considered.

The FDA feared civil servants could be stuck between judges and ministers and that a direction to breach international law would have put them in conflict with the Civil Service Code.

Following the High Court decision, union general secretary Dave Penman said it was "disappointing" that the challenge was denied, but added that he welcomed "clarity" from the High Court.

He said: "The court has ultimately decided that the then-government was explicit enough about the intent to break international law when passing the legislation, and that Parliament had indeed sanctioned that possibility.

"Clarity is what we were seeking and the court has provided that.”

In his ruling, Mr Justice Chamberlain said no application to adjourn the case had been made in light of the general election being announced.

However, it is unlikely that the ruling will be put into effect. The new Labour government has pledged to scrap the Rwanda scheme "straight away" on taking office.