A deportation flight set to take asylum seekers to Rwanda under a controversial government scheme can go ahead next week, the High Court has ruled.

The flight, which is scheduled for next Tuesday, will be the first of its kind to take migrants, who arrived in the UK illegally, to the east African country while their claims for asylum are processed.

The ruling comes after campaign groups tried to get an injunction to stop the flight after the Government announced an agreement with Rwanda in April.

However Judge Mr Justice Swift today refused to grant the injunction saying: “I do not consider that the balance of convenience favours the grant of the generic relief.”

He then granted the claimants permission to appeal, suggesting Court of Appeal judges would hear the case on Monday.

The action was taken by the Public and Commercial Services (PCS) Union, the charity Care4Calais and the pressure group Detention Action.

A plea for a judicial review has also been put forward, which is expected to be heard over the next few weeks.

The claimants argue that the Rwanda removals policy, as well that of the four meant to leave on Tuesday, are unlawful in many ways.

These include the rationality of Home Secretary Priti Patel's conclusion that Rwanda is generally a “safe third country,” the adequacy of provision for malaria prevention and compliance with the Human Rights Act.

Following the ruling, PCS General Secretary Mark Serwotka said: “Today’s outcome will be disappointing for those PCS members who will be called on to carry out acts that I can only describe as inhumane.

“We were heartened by the fact that UNHCR spoke out in support of our case - to my mind that shows that it was correct to bring it.

“I would call on Priti Patel to meet with us as a matter of urgency so that she can address the many concerns that we have for our members who will be fearful of the work that they will now be expected to carry out, and that despite this ruling I would call on the home secretary to urgently implement legal routes to enter the UK to claim asylum.”

'We expected legal challenges but are determined...'

The court heard 31 people were due on the first flight on Tuesday, with the Home Office planning to schedule more this year.

However, during the proceedings it emerged the Home Office had already cancelled removal directions for three people set to be on the first flight and that a further two will also have them cancelled.

The Government in April announced an agreement with Rwanda for the African country to take asylum seekers who illegally arrived in England, usually at the Kent coast, in small boats.

The problem has continued over the last four years with people landing on beaches, such as at Dungeness or Kingsdown near Deal, or being rescued at sea and initially being brought to Dover.

By last Saturday almost 10,000 asylum seekers crossed the Channel in small boats and this year.

More than 28,500 asylum seekers made the crossing in all 2021, more than three times the number doing so the previous year.

Ministry of Defence figures show that, between last Monday, May 30 and Friday, June 3, a total 558 people made it across in 20 small boats.

Previously, the Home Office said: “Our world-leading partnership with Rwanda is a key part of our strategy to overhaul the broken asylum system.

"We have been clear from the start that we expected legal challenges, however we are determined to deliver this new partnership.

“We have now issued formal directions to the first group of people due to be relocated to Rwanda later this month.

"This marks a critical step towards operationalising the policy, which fully complies with international and national law.”

The Home office says it is determined to prevent people making dangerous and unnecessary journeys and putting their lives in the hands of people smugglers to reach safety.

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