Parts of UK's Rwanda law should not apply in NI, judge rules

A judge has ruled that provisions of the UK's Illegal Migration Act should be disapplied in Northern Ireland, as they undermine human rights protections guaranteed in the region under post-Brexit arrangements.

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

The post-Brexit Windsor Framework jointly agreed by the UK and EU includes a stipulation that there can be no diminution of the rights provisions contained within the Good Friday Agreement of 1998.

The Illegal Migration Act provides new powers for the British 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 delivered judgment at Belfast High Court in two challenges against the Act that focused on the peace process human rights protections guaranteed by the Windsor Framework.

The judge found that several elements of the Act do cause a "significant" diminution of the rights enjoyed by asylum seekers residing 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.

He added: "The applicants' primary submission therefore succeeds. Each of the statutory provisions under consideration infringes the protection afforded to RSE (Rights, safeguards and equality of opportunity) in the Good Friday Agreement."

The judge ruled that the sections of the Act that were the subject of the legal challenges should be "disapplied" in Northern Ireland.

He also declared aspects of the Act incompatible with the ECHR.