A legal expert discussing Suella Braverman's letter to the Prime Minister has zoned in on a key legal point that outlines a huge gamble on UK migration.
It comes as Rishi Sunak braces himself for the deportation plan’s judgement, due on Wednesday.
Suella Braverman being ousted as Home Secretary has put further emphasis on the decision after she made tackling the migrant crisis a keystone policy.
In a staggering attack on the Prime Minister, Braverman accused him of “failing to deliver on key policies”.
Steven Barrett has issued a warning over the migrant plan
PA / GB NEWS
She suggested Sunak has little intention of taking on The European Court of Human Rights (ECHR) on the matter, as they could oppose the Rwanda migrant plan even if it were to pass through British courts.
Speaking on how the Rwanda migrant plan could play out in the courts, legal expert Steven Barrett said that Rishi was taking a huge gamble with the Rwanda policy and that the PM should have lined up a number of different policies to deal with migration instead of putting all eggs in one basket.
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He added that Braverman was in a unique position as home secretary she would not have been able to speak out - but having been sacked she can now speak the truth.
“The scheme won in the first court, in the second it last two against one”, he said.
“The court tomorrow could back this, it might not, but what Suella’s letter makes clear is this is a gamble by the Prime Minister.
“She is no longer gagged by collective responsibility, and she is making clear she believes Sunak has his fingers crossed hoping this gets through.
“If this gets through, it doesn’t necessarily mean flights will take off.”
Suella Braverman was sacked by Rishi Sunak yesterday morning
PAIn Braverman’s letter to the Prime Minister, she hit out at certain “compromises” made that could make it difficult to carry out the Rwanda plan, even with Supreme Court backing.
Questioning Barrett on the matter, Daubney asked how “bowing to Strasbourg” could be allowed to happen.
Barrett said: “She made a key legal point in her letter about the Prime Minister believing this Rule 39 orders coming from Strasbourg are legally binding.
“I don’t believe they are. The Prime Minister is taking a legal position that is very restrictive of what the UK can do.
“I think he can be a lot more robust.”
Immigration minister Robert Jenrick has insisted the plan will go ahead regardless of the decision.
He told the Telegraph the British public should “be assured” as the Government has been “thinking through what further steps we could take”.
“I worked closely with the former home secretary on various options. But at the heart of this is the deep conviction that you have to inject deterrence into the system.
“We must ensure the Rwanda policy succeeds before the next general election. No ifs, no buts, we will do whatever it takes to ensure that happens.”