Defeat Would Deal a Blow to PM's Pledge to Stop Small Boat Crossings

Rishi Sunak has a Plan B if Rwanda is sunk by the Supreme Court, Downing Street insisted today. The fate of the flagship immigration policy will be decided tomorrow by the country's most senior judges. Defeat would deal a blow to the PM's pledge to stop small boat crossings ahead of the election expected next year. But today No10 claimed ministers had been wargaming the potential outcomes and drafting contingencies.

"We've Got Options for Possible Scenarios," Says Sunak's Spokesman

Mr Sunak's spokesman said: "We've got options for possible scenarios as you would expect." New Home Secretary James Cleverly also briefed the Cabinet ahead of the ruling due at 10am tomorrow.

Court of Appeal Overturned Judgment, Raising Questions About Safety of Removal Scheme

Last summer the Court of Appeal overturned a judgment from the High Court that the removal scheme was safe. By a two-to-one vote, judges were not reassured that the Kigali government would not later send migrants on to other countries where they could face persecution.

Unlawfulness Ruling Does Not Necessarily Kill Off the Plan

Ministers also say a ruling of unlawfulness does not necessarily kill off the plan – first announced in 2022 by Boris Johnson – but will depend on how bad the judgment is. Losing in the Supreme Court would also fuel Tory calls to quit the European Court of Human Rights.

A Victory Would Be a Huge Boost for Sunak

But victory would be a huge boost for Mr Sunak, who would look to get flights off the ground as soon as possible. Britain has paid Rwanda £140 million to rehouse asylum seekers crossing the Channel. Ministers claim it will deter tens of thousands making the perilous journey if they know they will be flown to the East African country.