THE Home Office defended its plans to deport asylum-seekers to Rwanda in the High Court today, despite warnings that the African nation is not a safe third country. 

Giving evidence in the first High Court challenge to the deal, lawyers for the government department disputed arguments that the policy amounted to “unlawful penalisation” of asylum-seekers. 

One told the court that the removal of asylum-seekers to Rwanda and refusal to assess their claims was not being imposed as a punishment. 

Lawyers representing asylum-seekers and campaigners have argued that the policy breaches the Refugee Convention, which stipulates that asylum-seekers must not be penalised for arriving in Britain by an irregular route. 

This was confirmed by United Nations refugee agency the UNHCR, which said in written submissions that “a decision to treat an asylum-seeker’s claim as inadmissible on the basis that the individual arrived ‘illegally, by a dangerous journey,’ with the consequence that the claim will be determined only in Rwanda, under less favourable asylum procedures, is a penalty.”

Also in written submissions, the government claimed that removal to Rwanda would not constitute a penalty under the convention, as this was limited to criminal sanctions and “does not cover the concept of removal to third countries.”

Home Office lawyer David Pannick QC told the court: “If we choose, for whatever reason not to assess the asylum claim on its merits but return the individual to a third country that is safe both directly and indirectly then, we the United Kingdom have complied with our duties under this convention.”

Mr Pannick accepted arguments that removal to Rwanda would be detrimental to asylum-seekers but added: “There is undoubtedly a detriment because the asylum-seeker is unable to claim asylum in the country of their preference. Our point is that they have no such right under the convention.” 

Court documents also revealed that the government has committed to funding the stay of each asylum-seeker sent to Rwanda for at least three years, with this increasing to five years for individuals granted refugee status.

Rwanda has been paid £120 million up front as part of the agreement, though the total cost of the policy is believed to reach into the tens of millions.  

The case is due to be heard until Friday.