A judge has ruled that provisions of the UK's Illegal Migration Act - which created powers to send asylum seekers to Rwanda - should be disapplied in Northern Ireland.

The High Court in Belfast on Monday morning ordered the “disapplication” of sections of the act as they undermine human rights protections guaranteed in the region under post-Brexit arrangements.

The Illegal Migration Act provides new powers for the government to detain and remove asylum seekers it deems to have arrived illegally in the UK. Central to the new laws is the scheme to send asylum seekers to Rwanda.

Mr Justice Humphreys said aspects of the Illegal Migration Act were also incompatible with the European Convention on Human Rights (ECHR).

Following Brexit, the UK and the EU agreed the Windsor Framework, which stipulates there can be no diminution of the rights provisions contained within the Good Friday peace agreement of 1998, even if they differ from the rest of the UK.

The judge found several elements of the Illegal Immigration Act cause a “significant” diminution of the rights enjoyed by asylum seekers in Northern Ireland under the terms of the Good Friday Agreement.

“I have found that there is a relevant diminution of right in each of the areas relied upon by the applicants,” he said.

  • mannycalavera@feddit.uk
    1·
    6 months ago

    AHH you’re too quick!

    This has interesting ramifications for the Republic as well. If this is incompatible with the Good Friday agreement for the Northern Irish then is that also true for the Republic? And if so, will that just make the island of Ireland a giant hotspot for asylum seekers? Presumably nobody is asking for a border to stop Asylum seekers moving from Northern Ireland to Ireland? I’m not sure the EU would welcome this either.

    Actually I don’t know what the fuck will happen, LOL.

    • Devi@kbin.social
      1·
      6 months ago

      They’re not stepping back from the current laws but just refusing to send succesful applicants to Rwanda. The EU is also not sending anyone to Rwanda or any third country so no reason for people to flock from EIRE to NI.

    • ᴇᴍᴘᴇʀᴏʀ 帝@feddit.ukOPEnglish
      1·
      6 months ago

      Yeah, quite what the fallout will be is unclear. There was already talk of migrants trying to get to Ireland and they may now consider NI a safe haven.

      However, how many of them are even worried about a joke policy that will only send a handful of people (at best) to Rwanda and it’ll get axed in the next 6 months?

      AHH you’re too quick!

      Pew pew.