High court rules parts of UK Government’s Illegal Migration Act should not apply in Northern Ireland

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The High Court of Northern Ireland has dealt a blow to UK Prime Minister Rishi Sunak’s deportation policy regarding Rwanda by ruling that significant sections of the Illegal Migration Act 2023 (IMA) violate human rights laws and should not be enforced in Northern Ireland.

Numerous provisions of the IMA were challenged during the proceedings, with the applicants contending that these sections were incompatible with the Windsor Framework and section 7A of the European Union Withdrawal Act 2018. The Windsor Framework, an agreement post-Brexit between the UK and the EU, stipulates that there can be no diminishment in the rights outlined in Northern Ireland’s Good Friday Agreement of 1998. Additionally, the applicants argued that parts of the legislation clashed with various articles of the European Convention on Human Rights and section 4 of the Human Rights Act 1998. The judge concurred, stating, “As will be apparent, I have found that there is a relevant diminution of rights in each of the areas relied upon by the applicants.”

The IMA, enacted in 2023, prohibits individuals arriving in the UK through irregular means such as small boat crossings from seeking asylum. Its aim is “to prevent and deter unlawful migration, particularly migration by unsafe and illegal routes, by mandating the removal from the United Kingdom of certain individuals who enter or arrive in breach of immigration control.”

In September 2023, the Northern Ireland Human Rights Commission (NIHRC) challenged the act through a judicial review against the Secretary of State for the Home Department and the Secretary of State for Northern Ireland. The NIHRC emphasized that certain provisions in the act would adversely affect asylum seekers, particularly vulnerable groups like children and victims of trafficking. Despite concerns raised by the NIHRC during the bill’s passage through Parliament, it received Royal Assent. The NIHRC expressed satisfaction with the judgment, stating that they “welcomed today’s ruling concerning our challenge to the Illegal Migration Act.”

The prime minister affirmed that the judgment would not alter the government’s plans for deportations to Rwanda, asserting that “nothing will deter us from that or achieving the timetable I outlined. We must commence the flights to halt the boats.” He stressed that commitments to the Good Friday Agreement should be interpreted within their original context and not expanded to address issues such as illegal migration, stating, “We will take all necessary steps to defend that stance, including through appeal.”

Sinéad Marmion, the solicitor involved in the case, remarked, “Today’s findings offer hope to those seeking asylum in Northern Ireland. In an environment marked by negative rhetoric towards those in need of international protection, rights and justice have prevailed.”