The Northern Ireland Human Rights Commission (NIHRC) is challenging the government’s Illegal Migration Act in court, citing a breach of the Windsor Framework, the post-Brexit agreement for Northern Ireland. The framework includes a human rights element, which the NIHRC argues is being violated. The legislation is a key part of the prime minister’s promise to prevent small boats from crossing the English Channel, with the home secretary having a legal obligation to detain and remove anyone who enters the UK illegally. Sending migrants to Rwanda, a central part of the plan, is awaiting a Supreme Court ruling.
The NIHRC, which has had the authority to oversee the UK government’s human rights undertakings under Article 2 of the framework since January 2021, views legal action as a last resort. Chief commissioner Alyson Kilpatrick expressed concern that the Act could make it impossible for illegal migrants to register as refugees and said the new powers represent a broad new level of detention with limited judicial supervision. Denied any promise of protection, it is problematic that vulnerable people seeking refuge could be sent to a third country.
The High Court in Belfast will hear the legal challenge as an application for judicial review. The government sees the litigation as speculative and will dispute the claim that the legislation has violated any of the rights under Article 2. If the NIHRC succeeds, sections of the law in Northern Ireland may be invalidated. A government spokesperson acknowledged the urgency of tackling illegal migration but described the perilous crossings as unacceptable and dangerous
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