Three judges of the supreme court ruled by a majority of two to one that Rwanda was not “a safe third” country to send migrants to.
The decision comes as a major blow to the Government's flagship Illegal Migration Bill and the Prime Minister's personal pledge to “stop the boats”.
In response to the ruling, Mr. Rishi Sunak said he fundamentally disagrees with the ruling and vowed to appeal to the supreme court.
“While I respect the court I fundamentally disagree with their conclusions”, he said in a statement.
“I strongly believe the Rwandan government has provided the assurances necessary to ensure there is no real risk that asylum-seekers relocated under the Rwanda policy would be wrongly returned to third countries – something that the Lord Chief Justice agrees with.
“Rwanda is a safe country. The High Court agreed. The UNHCR have their own refugee scheme for Libyan refugees in Rwanda. We will now seek permission to appeal this decision to the Supreme Court.
“The policy of this government is very simple, it is this country – and your government – who should decide who comes here, not criminal gangs. And I will do whatever is necessary to make that happen”, he added.
Home Secretary Suella Braverman added that she remains “fully committed” to the Rwanda plan and was “disappointed” with the decision. Meanwhile, asylum campaigners declared a major victory and called on ministers to scrap the policy altogether.
The court of appeal ruling comes just days after the Home Office’s own legal assessment of the Rwanda plan found it will cost an estimated £169,000 per migrant to deport a person there - some £63,000 more than it would to keep them in the U.K.
However, the Home Office has pointed to a deterrent effect it believes the plan will have on those seeking to come to the U.K.