LONDON 

British Prime Minister Rishi Sunak said on Thursday that his government will appeal to the country's top court against a high court verdict rejecting the UK's plan to deport asylum seekers to Rwanda, saying he "fundamentally disagrees" with the decision.

Early on Thursday, the Court of Appeal ruled that the government's controversial deportation of asylum seekers to Rwanda, known as the Rwanda plan, is "unlawful," as Rwanda failed to provide enough safeguards to prove it is a "safe third country."

"While I respect the court, I fundamentally disagree with their conclusions," Sunak said in a statement following the ruling, which was seen as a victory for rights campaigners and asylum seekers.

"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 (Burnett) agrees with," the premier added.

In announcing the court's ruling, Burnett said the court unanimously accepted that the assurances given by the Rwandan government were made in "good faith" and were intended to address any flaws in the asylum process.

However, he went on to say that the majority believes that the evidence does not establish that the necessary changes have by then been reliably effected or would have been at the time of the proposed removals.

"The result is that the High Court's decision that Rwanda was a safe third country is reversed, and unless and until the deficiencies in its asylum process are corrected, removal of asylum seekers will be unlawful," the chief justice added.

"In consequence, sending anyone to Rwanda would constitute a breach of Article 3 of the European Convention on Human Rights, which parliament has required the government to comply with."

Sunak reiterated that "Rwanda is a safe country," and that the government will 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 necessary to make that happen," he added.

In a statement, Home Secretary Suella Braverman said she is "fully committed" to the Rwanda plan.

"That’s what I am determined to deliver and I won’t take a backward step from that. We need innovative solutions to smash the business model of the people smuggling gangs, which is why we formed this partnership with Rwanda," she said.

"While we are disappointed with their ruling in relation to Rwanda’s asylum system, I will be seeking permission to appeal this," Braverman added.

- Legal battle

The court's ruling came following a long-running legal challenge and discussions in Britain, as the UK’s first planned flight was grounded in June last year due to last-minute intervention from the European Court of Human Rights.

The High Court ruled in December that the plan to deport migrants to the East African country was lawful, but a month later it granted an appeal against its own judgment, giving campaigners a chance to renew their legal fight.

​The plan has become one of the most controversial issues on the government's migration policy, as it sparked international criticism and mass protests across the UK.

Rwanda plan which was signed by then-UK Home Secretary Priti Patel and Rwandan Foreign Minister Vincent Biruta in April 2022, would see asylum seekers trying to enter the UK being sent to Rwanda for resettlement.

​Tackling small boat crossings is among the five priorities of the British government as more than 45,000 migrants arrived in the country crossing the Channel last year.