THE government’s Rwanda plan is “probably dead” in its current form and the European Court of Human Rights would agree with Britain’s top judges’ decision to block the plans, a former Supreme Court judge said yesterday.

Last Wednesday, the Supreme Court ruled that the policy was unlawful, citing concerns that Rwanda could send genuine refugees back to the countries they fled.

In a comment piece for the Telegraph at the weekend, new Home Secretary James Cleverly vowed to “do whatever is necessary to stop the boats,” adding that the government was working on a new treaty with Rwanda “which will be ratified without delay.”

In response, Lord Sumption told Sky News: “I think the current Rwanda scheme is probably dead, but we obviously have to suspend judgement until we see what this legislation or this new treaty looks like.”

“The government have made clear … that they don’t intend to [withdraw from the European Convention on Human Rights],” the peer said.

“Although the government may well ignore interim orders from Strasbourg, they presumably intend to comply with final orders from Strasbourg.

“[The Strasbourg court] will investigate safety for itself and probably arrive at a conclusion very similar to that of the Supreme Court.”

Lord Sumption also said he was “sceptical” about reported plans to send British civil servants to work in the central African country, adding: “The main problem [with the] scheme is that it outsources to Rwanda the decision about whether people have refugee status.”

Amnesty International said that the government must “now move beyond the cruel Rwanda plan and focus on fair and compassionate solutions for people seeking asylum.

“It’s time for a fairer approach. Let’s respect the law and human rights, not manipulate them for failed policies,” the human rights group said.