UK deportation flight to Rwanda can go ahead, high court judge rules
-Judge refuses to grant interim relief after lawyers for asylum seekers argued policy was unlawful

高级法院法官裁定,英国飞往卢旺达的遣送航班可以继续进行
——在寻求庇护者的律师辩称该政策不合法后,法官拒绝给予临时救济


(Protestors stand outside the Royal Court of Justice in London. The high court rejected an appeal to halt the flights next week.)

(抗议者站在伦敦皇家法院外。高等法院驳回了暂停下周遣送航班的上诉。)
新闻:

A high court judge has ruled that a controversial deportation flight to Rwanda that was due to take off early next week can go ahead.

一名高等法院法官裁定,原定于下周初起飞的飞往卢旺达的有争议的驱逐航班可以继续进行。

Mr Justice Swift refused to grant interim relief – urgent action in response to an injunction application made by several asylum seekers facing offshoring to Rwanda.

斯威夫特法官拒绝给予临时救济——这是针对几名面临被遣送卢旺达的庇护寻求者申请禁令的紧急行动。

Lawyers acting for the asylum seekers and the groups had argued the policy was unlawful and sought the urgent injunction to stop next week’s planned flight and any other such flights ahead of a full hearing of the case later in the year.

为寻求庇护者和这些团体代理的律师辩称,这项政策是非法的,并寻求紧急禁令,在今年晚些时候对此案进行全面审理之前,先阻止计划于下周起飞的遣送航班,以及其他类似的航班。

The decision will not stop individual refugees from further legal challenges to their removal to Rwanda, or a judicial review of the policy, which Swift said could take six weeks.

这一决定并不会阻止个别难民对他们被送往卢旺达的进一步法律申诉,也不会阻止对该政策的司法审查。斯威夫特表示,这可能需要六周的时间。

He supported submissions made by the home secretary, Priti Patel, and rejected the application to halt the Rwanda flight next Tuesday, but granted permission to the claimants to appeal – suggesting court of appeal judges would hear the case on Monday.

他支持内政大臣普里蒂·帕特尔提交的意见书,并拒绝了下周二停止卢旺达航班的申请,但允许原告上诉——暗示上诉法庭法官将在周一审理此案。

Swift said there was a “material public interest” in allowing the secretary of state to be able to implement immigration control decisions. He also said that some of the risks of sending asylum seekers to Rwanda outlined by the claimants were very small and “in the realms of speculation”.

斯威夫特表示,允许国务大臣能够执行移民控制决定,有“重大公共利益”。他还说,原告们概述的将寻求庇护者送往卢旺达的一些风险非常小,“只是属于‘猜测’范畴”。

Patel will see this as a significant victory following concern that the offshoring plan would be stopped in the courts.

帕特尔将把这视为一个重大胜利,因为有人担心离岸遣送计划会在法庭上被叫停。

The government has claimed that the plan is designed to deter migrants from making dangerous Channel crossings and to break the business model of people smugglers.

政府声称,该计划旨在阻止移民进行危险的海峡偷渡,并打破人口偷渡的商业链。

The home secretary welcomed the court’s decision, saying: “People will continue to try and prevent their relocation through legal challenges and last-minute claims but we will not be deterred in breaking the deadly people-smuggling trade and ultimately save lives.”

内政大臣对法院的决定表示欢迎,他说:“人们将继续通过法律挑战和最后一刻的上诉来试图阻止他们的遣送,但我们不会被阻止打击致命的人口偷渡交易,并最终拯救生命。”
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


Boris Johnson also welcomed the ruling, saying: “We cannot allow people traffickers to put lives at risk and our world leading partnership will help break the business model of these ruthless criminals.”

鲍里斯·约翰逊也对这项裁决表示欢迎,他说:“我们不能允许人贩子将生命置于危险之中,我们世界领先的伙伴关系将有助于打破这些无情罪犯的商业模式。”

The scheme has reportedly been criticised in private by Prince Charles. According to the Times, the Prince of Wales was heard calling the policy “appalling” and was particularly displeased as to represent the UK at the Commonwealth Heads of Government meeting in Kigali, Rwanda, later this month.

据报道,查尔斯王子私下里批评了这一计划。据《泰晤士报》报道,威尔士亲王称这一政策“令人震惊”,尤其不高兴代表英国出席本月晚些时候在卢旺达基加利举行的英联邦政府首脑会议。

Yvette Cooper, the shadow home secretary, said: “The UNHCR criticism of Priti Patel’s Rwanda scheme today is damning – warning about lack of proper treatment for refugees in Rwanda and also accusing the home secretary of misleading people on UN support for the scheme.

影子内政大臣伊维特·库珀说:“联合国难民署今天对普里蒂·帕特尔的卢旺达计划的批评是致命的——警告卢旺达难民缺乏适当的待遇,还指责内政大臣在联合国对该计划的支持上误导人们。

“Labour has made clear from the start that Priti Patel’s Rwanda plan is completely unworkable, extortionately expensive, unethical and profoundly un-British.”

“工党从一开始就明确表示,普里蒂·帕特尔的卢旺达计划完全行不通,成本高得离谱,不道德,非常不英伦。”

The decision will not stop individual asylum seekers from further legal challenges to their removal to Rwanda and a judicial review of the policy, which Swift said could take six weeks.

斯威夫特表示,这一决定并不会阻止寻求庇护者进一步提出法律挑战,他们将被驱逐到卢旺达,并对该政策进行司法审查。斯威夫特表示,这可能需要六周的时间。

In his ruling, Swift also denied interim relief to two people who face removal to Rwanda. “I accept that the fact of removal to Rwanda will be onerous,” the judge said.

斯威夫特在判决中还拒绝向两名面临遣返卢旺达的人提供临时救济。法官说:“我承认,遣送到卢旺达将是繁重的任务。”

Six out of eight of the asylum seekers facing offshoring to Rwanda had their removal directions deferred by the end of Friday’s hearing. Swift accepted that some of the points made by the claimants were arguable and would be aired at a full hearing in July. He said the points about the home secretary’s decision being irrational or based on insufficient inquiry were arguable. However he said the claimants case was not ‘conspicuously strong’.

在周五的听证会结束前,面临被遣送到卢旺达的8名寻求庇护者中,有6人的遣送指示被推迟。斯威夫特承认原告提出的一些观点是有争议的,并将在7月的一次完整听证会上公布。他说,关于内政大臣的决定是不理性的,或者是基于不充分的调查的观点是有争议的。然而,他表示,原告的理由并不“明显有力”。

Swift added that even though the memorandum of understanding between UK and Rwanda was not legally enforceable it was appropriate to take its contents into account.

斯威夫特补充说,尽管英国和卢旺达之间的谅解备忘录不具有法律效力,但考虑其中的内容是合适的。

The asylum seekers applied for the injunction alongside the charities Care4Calais and Detention Action, as well as the civil servants unx PCS, which represents many Home Office workers, including more than 80% of Border Force staff.

这些寻求庇护者与慈善机构Care4Calais和Detention Action,以及公务员工会PCS一起申请了这一禁令。PCS代表了许多内政部员工,其中包括超过80%的边防部队成员。

The plan to offshore asylum seekers and outsource the refugee obligations of the UK, one of the richest countries in the world, to Rwanda – among the poorest – has been controversial since it was announced by government on 14 April. About 30 asylum seekers, currently being held in immigration detention centres, are due to be flown there from a secret location in the UK by an undisclosed airline on Tuesday.

英国是世界上最富有的国家之一,它将接纳海外寻求庇护者和难民的义务外包给卢旺达——这个最贫穷的国家之一——的计划自4月14日由政府宣布以来一直存在争议。大约30名目前被关押在移民拘留中心的寻求庇护者,将于周二由一家还未披露的航空公司从英国的一个秘密地点飞往那里。
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


It is the first of multiple legal challenges to the policy to have a live high court hearing.

这是该政策面临的众多法律挑战中首次在高等法院举行现场听证会。

The specific aspects of the policy under challenge in court were the right of the home secretary to carry out such removals; the rationality of Patel’s claim that Rwanda is generally a “safe third country”; the adequacy of provision for malaria prevention in Rwanda; and whether it complies with the Human Rights Act.

该政策在法庭上受到质疑的具体方面是内政大臣实施此类驱逐的权利;帕特尔声称卢旺达是一个“安全的第三国”的合理性;在卢旺达预防疟疾的供应是否充足;以及是否符合《人权法案》。

Sonya Sceats, chief executive of Freedom from Torture, said the charity was disappointed by the ruling. “But the fight is far from over,” she said. “Caring people across Britain are incensed that this government wants to send people seeking safety halfway across the world and are taking action.”

Freedom from Torture的首席执行官桑娅·斯基茨表示,该慈善机构对这项裁决感到失望。“但是斗争远没有结束,”她说。“英国各地有爱心的人们对政府想把人们送到世界另一端去寻求安全感到愤怒,并正在采取行动。”

PCS said they would press on with an appeal that will be heard on Monday. Mark Serwotka, the general secretary, said the outcome was “disappointing” and called for urgent talks with Patel over how the removals will be carried out.

PCS表示,他们将继续上诉,该案将于周一开庭审理。秘书长马克·塞尔沃特卡表示,结果“令人失望”,并呼吁与帕特尔就如何实施驱逐行动进行紧急谈判。
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


Enver Solomon, chief executive of the Refugee Council, said: “We have already had to directly intervene to stop young people being deported to Rwanda because they were falsely assessed as adults. We fear this is a threat to many more young people who are being wrongly held in detention, putting them at great risk.

难民委员会首席执行官恩维尔·所罗门表示:“我们已经不得不直接干预,阻止年轻人因为被错误地评估为成年人而被驱逐到卢旺达。我们担心这是对更多被错误拘留的年轻人的威胁,使他们处于极大的危险之中。

“These are vulnerable people and scared children who are alone, many of whom have undertaken perilous journeys to come to the UK in hope of safety. No one risks their own, or family’s, life unless they are running from dangers more acute than they face on these journeys.

“这些都是脆弱的人,独自一人的害怕的孩子,他们中的许多人冒着危险来到英国,希望得到安全。没有人会拿自己或家人的生命冒险,除非他们是在逃避比旅途中要面临的更严重的危险。

“The government must reflect on the initial failures of this plan, and rethink by looking to operating an orderly, humane, and fair asylum system.”

“政府必须反思这个计划最初的失败,重新思考怎么运营一个有序、人道和公平的庇护系统。”