The UK's plan to send migrants to Rwanda is lawful, London's High Court ruled, in a victory for Prime Minister Rishi Sunak who has made a high-stakes political promise to tackle the record number of asylum seekers arriving in small boats.

The policy, which was announced in April, would involve the UK sending tens of thousands of people who arrive on its shores more than 6,000 kilometers away to Rwanda.

Announcing the court's decision, judges Clive Lewis and Jonathan Swift said it was lawful for the UK to make arrangements with the Rwanda government to send asylum seekers to have their asylum claims determined in Rwanda.

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"The relocation of asylum seekers to Rwanda is consistent with the Refugee Convention and with the statutory and other legal obligations of the government," the judges said.

The judges acknowledged that the issue had stirred public debate but said its only remit was "to ensure that the law is properly understood and observed, and that the rights guaranteed by parliament are respected." 

The judges however said the UK Home Secretary Suella Braverman had not properly considered the circumstances of the eight claimants in the case and referred their cases back to her.

Record numbers

Rishi Sunak is under growing pressure from his own members of parliament and the public to deal with the arrivals.

Figures show more than 40,000 – a record number – have come from France this year, many having made the journey from Afghanistan, Iran or other countries suffering war to travel across Europe and on to the UK to seek asylum.

Migration has often dominated the UK's political discourse over the last decade and is likely to feature heavily in the campaign for the next national election, expected to take place in 2024.

In one of his first major policy announcements, Sunak set out a strategy to clamp down on illegal immigration and said he wanted to restart the flights to Rwanda despite opposition from lawmakers in all the main political parties, the United Nations and even King Charles III.

After the ruling, Braverman said the government was now focused on proceeding with the deportation policy as soon as possible and insisted it was ready to defend against any further legal challenges. 

Yolande Makolo, a spokeswoman for the Rwandan government, welcomed the court's decision, and said her country is ready to offer migrants the chance to build a new life.

The first planned deportation flight to Rwanda was blocked in June by a last-minute injunction granted by the European Court of Human Rights (ECHR) and the strategy's lawfulness was subsequently challenged at London's High Court.

Lawyers representing asylum seekers – from Syria, Iraq and Iran, as well as Albania and Vietnam – challenged the Rwanda policy at a hearing this year, alongside campaign groups Detention Action, Care4Calais and Asylum Aid.

The asylum seekers' lawyers argued that the policy was unlawful on multiple grounds, including the assessment of Rwanda as a safe third country.

UK government looking 'to push ahead'

The government victory will not mean flights can take off straight away because there may be further appeals in the UK courts, and the ECHR injunction imposed during the summer prevents any immediate deportations until the conclusion of legal action in the United Kingdom.

The judges said a further hearing will take place on January 16 to determine any applications for permission to appeal against the court's decision.

Toufique Hossain, a lawyer who represented six of the eight asylum seekers, said they are considering their next steps.

"The court has made it very clear that the (Home Secretary's) approach to individual decisions has been unlawful and they need to review that."

"We have always maintained that this policy is lawful and today the court has upheld this," Braverman said, insisting it will help those relocated to "build new lives."

Sunak's official spokesman told reporters the government would "look to push ahead with this as soon as possible," although an appeal is likely.