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The government of the United Kingdom intends to transfer some asylum seekers to Rwanda. But in November, the UK Supreme Court declared the proposal unconstitutional, noting the possibility of sending asylum seekers back to their native countries, where they would suffer harm. The government responded by signing a new treaty with Rwanda, improving the asylum procedure, and presenting new laws in the UK that affirmed Rwanda’s security.
The Rwanda scheme, agreed in April 2022 by then Prime Minister Boris Johnson, is designed to deter migrants from making the dangerous journey of about 20 miles (32 km) across the Channel in small boats or inflatable dinghies.
Rwanda and the United Kingdom’s partnership stands out as a remarkable event in the complex world of international migration policy. This immigration agreement signed in 2020 is explored in this article, along with its implications for international relations, judicial systems, and asylum seekers.
The Pact on Migration and Asylum
The Migration and Asylum Pact was established in September 2020 with the intention of ending the prolonged political deadlock among member states over changes to their immigration and asylum laws. This effort covers a wide range of policy ideas and proposals related to integration, migration, asylum, and border control. The Pact, in spite of its complexity, is very important since it will likely influence immigration and asylum policies. Hence, the European Commission, Council, and Parliament are working to reach a consensus on significant changes before the June 2024 European elections as of autumn 2023, when the Pact’s negotiations are almost concluded.
Rwanda
Rwanda is a small landlocked country in east-central Africa, some 4,000 miles southeast of the United Kingdom, with a population of about 13.8 million. It borders Tanzania, Uganda, Burundi, and the Democratic Republic of the Congo (DRC). In 2024, President Paul Kagame hopes to be re-elected for a fourth term, which would bring his total tenure to almost thirty years to continue his initiatives for Rwanda.
The UK’s’ssylum Plan for Rwanda
The government of the United Kingdom intends to transfer some asylum seekers to Rwanda. But in November, the UK Supreme Court declared the proposal unconstitutional, noting the possibility of sending asylum seekers back to their native countries, where they would suffer harm. The government responded by signing a new treaty with Rwanda, improving the asylum procedure, and presenting new laws in the UK that affirmed Rwanda’s security.
This is the government’s official position on the safety of Rwanda: the Asylum and Immigration Bill 2023 and related legislation. Due to the risks to individuals and the strain on public services, the problem of illegal immigration into the UK through small boats is one of great public concern. The government makes a point of stating that these immigrants are coming from safe nations, and if unlawful immigration is not addressed, the daily cost of refugee accommodation could increase to £32 million by 2026, or £11 billion a year. As a result, the government is committed to using all of its resources to stop and discourage illegal migration.
Furthermore, government actions have been taken in response to the issues raised by the Supreme Court’s ruling in AAA v. Secretary of State for the Home Department. Also, added protections and assurances are part of a recently signed pact with Rwanda. The government will provide proof of the adjustments made and the ways in which issues are being handled. In order to implement the necessary measures in the bill, Parliament will be asked to accept the government’s view that concerns raised by the Supreme Court have been appropriately addressed. To sum up, the government uses constitutional propriety, parliamentary sovereignty, UK law, and international commitments to support its strategy.
Rwanda Asylum and Immigration Bill
As part of a five-year trial that was first made public in April 2022, certain asylum seekers who arrive in the UK may be sent to Rwanda for processing. They may be granted permission to stay after being granted refugee status. Alternatively, they could request refuge in another safe third country or apply to live in Rwanda under alternative circumstances. Therefore, anyone entering the UK illegally might, according to the government, be deported to Rwanda without regard to the number of individuals detained, which was to start on January 1, 2022. However, the first scheduled flight in June 2022 was cancelled owing to legal obstacles; hence, no asylum applicant had been transported by then.
In addition, illegal, dangerous, or unnecessary methods, such as tiny boats, are the main means by which people are allegedly discouraged from entering the UK by the government. This is an attempt to discourage people from entering the United Kingdom by illegal and dangerous means, such as travelling across the English Channel in tiny boats.
Prime Minister Rishi Sunak identified stopping the boats as one of his priorities. The proposed measure explains Rwanda’s status as a safe country under UK law; it must be approved by Parliament. This law directs judges and courts in the United Kingdom to ignore specific provisions of the UK Human Rights Act. Significantly, ministers might reject emergency orders from the European Court of Human Rights (ECtHR) to stop a flight to Rwanda during individual legal processes, even though asylum seekers still have the option to fight their relocation to Rwanda based on unique circumstances. While some conservative politicians protest the proposed law for possible violations of international law, others express dissatisfaction with it out of fear of possible legal obstacles.
Hence, in an effort to strengthen support for the measure prior to its House of Commons vote, Prime Minister Rishi Sunak spoke with Tory MPs. Therefore, even if the bill clears the first round of parliamentary voting, there can be objections in the next round. Remarkably, a few Conservative MPs chose not to cast a ballot, but none voted against the law.
Effects of the bill
Together with the constraints found in the Illegal Migration Act, these regulations have the combined effect of completely eliminating any possibility for individual challenges that would delay or obstruct the removal process. The following will therefore be impossible for illegal migrants: to file asylum claims in the UK, which 90% of small boat arrivals did last year; to take advantage of protections against modern slavery, as demonstrated by 71% of those detained for removal in 2021; or to raise the risk of being exiled in Rwanda, as all claimants from the original Rwanda flight did when they went to the High Court. Notably, the bill’s exclusion of relevant portions of the Human Rights Act of 1998 makes this possible. In essence, domestic courts cannot entertain claims asserting Rwanda’s general unsafety or the potential refoulement of individuals from Rwanda.
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A new treaty with Rwanda
A new migration partnership between Rwanda and the United Kingdom was signed on December 5. It assures that no one sent to Rwanda to seek asylum will face the threat of being exiled, according to Home Secretary James Cleverley. To make sure Rwanda fulfils its commitments, a new, impartial monitoring committee was set, and an appeal process will be overseen by judges from the United Kingdom and the Commonwealth. Additionally, for a maximum of five years, the UK will cover the living and housing costs of those who are moved to Rwanda.
The treaty, the bill, and the facts collectively show that Rwanda is safe for displaced people, that the government’s policy is strict but reasonable and legal, that it is supported by the UK’s domestic law and constitution, and that it aims to honour our international commitments. This is a new and controversial approach that only the UK and Rwanda have implemented together worldwide. Such an innovative strategy has risks, but there is a perfectly legitimate foundation upon which a responsible government can move forward.
