The British government has been stung by its own Brexit arrangements after a court ruled that parts of its controversial Rwanda law should not apply in Northern Ireland.
Judges in Belfast have ruled that the Illegal Migration Act is incompatible with human rights protections guaranteed in the region under the Windsor Framework.
It comes as a bitter blow to Rishi Sunak, who only recently managed to wrestle the Bill through parliament.
The Windsor Framework deals mostly with trade issues but also includes a human rights element.
It commits the UK not to water down the human rights provisions that flow from the Good Friday Agreement, the 1998 deal which brought an end to 30 years of conflict in Northern Ireland, known as the Troubles.
The judge found that several elements of the act do cause a “significant” diminution of the rights enjoyed by asylum seekers residing in Northern Ireland under the terms of the Good Friday Agreement.
“I have found that there is a relevant diminution of right in each of the areas relied upon by the applicants,” he said.
Challenges against the Illegal Migration Act were brought to courts in Belfast which focussed on the human rights protections guaranteed by the arrangements.
One of the cases was taken by the Northern Ireland Human Rights Commission and the other by a 16-year-old asylum seeker from Iran who is living in Northern Ireland having arrived in the UK as an unaccompanied child.
The boy, who travelled from France by small boat and claimed asylum in July 2023, has said he would be killed or sent to prison if he returned to Iran.
Delivering the judgement in Belfast today, Mr Justice Humphreys said: “I have found that there is a relevant diminution of right in each of the areas relied upon by the applicants.”
He added: “The applicants’ primary submission therefore succeeds.”
The judge agreed to place a temporary stay on the disapplication ruling until another hearing at the end of May, when the applicants will have an opportunity to respond to the judgment.
Dr Tony McGleenan KC, representing the Government, indicated that an appeal may be considered.
Related: ‘Smells’ cut from Bill but charity fears homeless will still be criminalised
