The High Court has refused to grant an injunction that would have stopped the home secretary removing the first group of asylum seekers to Rwanda on Tuesday - saying it is important that Priti Patel is able to implement immigration control decisions.

Delivering an ex tempore judgment at 5.30pm yesterday that lasted nearly an hour, Mr Justice Swift refused to grant interim relief to two asylum seekers who, along with Detention Action, Care4Calais and the Public and Commercial Services Union, sought to stop the first flight next Tuesday under a 'migration and economic development partnership' with Rwanda taking off.

However, the judge immediately granted permission for the claimants to appeal. It will be heard on Monday. During yesterday's proceedings Swift said a judicial review of the home secretary's controversial policy will be heard before the end of July.

Swift accepted that removal to Rwanda would be 'onerous' for the two claimants. However, he did not consider there to be a real risk of ill treatment or refoulement contrary to requirements under the 1951 Refugee Convention before the judicial review of the Home Office's policy is heard.

Commenting on the ruling, Patel said: 'I welcome the court's decision in our favour and will now continue to deliver on progressing our world-leading Migration Partnership. 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.

'Rwanda is a safe country and has previously been recognised for providing a safe haven for refugees - we will continue preparations for the first flight to Rwanda, alongside the range of other measures intended to reduce small boat crossings.'

Detention Action said yesterday's case was only the first step in its legal challenge, 'made stronger' by the evidence that was heard.

Counsel for the UN's refugee agency in the UK, which was granted last-minute permission by the High Court to intervene in the proceedings, told the judge it wishes to maintain its intervention at the appeal stage. Earlier in the day, Doughty Street Chambers' Laura Dubinsky QC, for the refugee agency, told the court that the agency's position had been described inaccurately by the Home Office and that the agency 'in no way' endorsed the UK-Rwanda arrangement.