A deportation flight taking the first asylum seekers to Rwanda next week could continue, the Supreme Court has ruled.
They will be the first migrants sent there to process their asylum applications after the government announced a controversial policy in April.
A judge refused to issue an order requested by campaign activists to block a one-way flight to the East African country scheduled for next Tuesday.
However, the court also allowed human rights organizations to appeal the decision, which they believe they will make on Monday.
More than 30 people who arrived in the UK illegally are expected to be on a plane to Rwanda the next day, with the Home Office scheduled more flights this year.
Lawyers for nearly 100 migrants have filed legal complaints asking to stay. Activists said the government’s plan was “unsafe” and vowed to continue fighting, arguing that “forcible deportation of people … could have profound damage to their mental health and future”.
The interior ministry says the policy will deter people from crossing the English Channel dangerously from fragile small boats operated by smugglers. Officials believe the removal plan is in the public interest and should not be stopped.
More on the passage of migrants
Welcoming the ruling, Prime Minister Boris Johnson tweeted: “We cannot allow human traffickers to put their lives at risk and our leading global partnership will help break the business model of these ruthless criminals.”
Interior Minister Priti Patel added: “We will not stop breaking the deadly human trafficking and ultimately saving lives.”
Image: Interior Minister Priti Patel welcomes the court’s decision
She also insisted that Rwanda was “a safe country and had previously been recognized for providing safe haven for refugees”.
Up to 130 people have been notified that they can be removed.
Two campaign groups – Detention Action and Care4Calais – have joined the PCS Union and four individual asylum seekers in lawsuits against the Interior Ministry.
Judge Jonathan Swift spoke out against the lawsuit, saying, “I don’t think the balance of conviction is conducive to providing general relief.”
He added: “It is in the public interest for the Secretary of State to be able to enforce immigration decisions.”
Graham McGregor, of Detention Action, told Sky News: “We are obviously disappointed with this initial Supreme Court decision. We have received a request for an appeal and this appeal will continue on Monday, so we will see what the outcome is.
“And we continue to be very concerned about the safety and well-being of the 30 or so people who are threatened with deportation to Rwanda.”
Claire Mosley, founder of Care4Calais, said: “We are deeply concerned about the well-being of people who may be forcibly deported to Rwanda, a fate that could profoundly damage their mental health and future.”
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1:10 Rwanda scheme “soulless”
The court heard that the UN refugee agency, UNHCR, had a number of concerns about the asylum process in Rwanda, including discriminatory access to asylum – including for LGBT people – lack of legal representation and translators, and difficulties in appealing.
Read more: Syrian and Afghan refugees on first deportation flight to Rwanda, charities say Asylum seeker flees war says he would rather die than be sent to Rwanda The Archbishop of Canterbury opposes government plans Saying they are ungodly Why are migrants being sent to Rwanda and how will it work?
In the first stage of the lawsuit filed today, Raza Husain QC, for the plaintiffs, told the Supreme Court: “The system is not safe. Not that it’s not safe after July, it’s just not safe.
“You may be denied access to it arbitrarily. If you do enter it, there are concerns about the impartiality of decision-making.”
The interior ministry said five other people who were due to be deported would not be sent to Rwanda after their removal orders were revoked.
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The court was also told that a second flight could be scheduled for Thursday, something the interior ministry has denied.
The Supreme Court is due to hear a further policy challenge on Monday, filed by the Asylum Aid charity and backed by another Freedom From Torture campaign group.
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