In a recent ruling by Belfast High Court, certain provisions of the UK's Illegal Migration Act were deemed inapplicable in Northern Ireland. The court, presided over by Mr. Justice Humphreys, determined these provisions conflict with human rights safeguards under the post-Brexit Windsor Framework and are incompatible with the European Convention on Human Rights (ECHR).
The ruling specifically addressed the diminution of rights for asylum seekers safeguarded by the Good Friday Agreement. While this decision presents a legal hurdle, Prime Minister Rishi Sunak has stated his intent to appeal and affirmed that plans for deporting asylum seekers to Rwanda will proceed as scheduled, unaffected by this judgment.
The legal challenges that led to this ruling were initiated by the Northern Ireland Human Rights Commission and a 16-year-old Iranian asylum seeker residing in Northern Ireland. The court has put a temporary stay on its decision until further hearings. Meanwhile, the government remains steadfast in its broader immigration strategy, which includes deportations to Rwanda slated to start in the summer of 2023.