The United Kingdom government has recently approved the Safety of Rwanda (Asylum and Immigration) Bill 2023, which represents its latest attempt to deport asylum seekers to Rwanda. This move is part of the government’s efforts to curb irregular immigration, following previous attempts that were ruled unlawful.
The deportation scheme targets asylum seekers deemed to have entered the UK illegally, particularly those crossing the English Channel in small boats from northern France. This year alone, over 6,000 individuals have been intercepted attempting this perilous journey, adding to the over 120,000 detected since 2018.
The government contends that the increasing number of asylum seekers is placing an unsustainable financial burden on public services and accommodation. However, the proposal has faced legal challenges, with the UK Supreme Court ruling in November that Rwanda does not meet the criteria of a safe country for asylum seekers and refugees.
In response to the Supreme Court’s concerns, Prime Minister Rishi Sunak introduced emergency legislation and signed a new treaty with Rwanda on December 4th. This treaty commits Rwanda not to return individuals to countries where their lives or freedom would be in jeopardy and establishes an oversight body to hear individual appeals.
Despite these measures, the bill has drawn criticism from human rights groups and legal experts. They argue that the proposals override existing laws that prevent the deportation of migrants to unsafe countries and force courts and tribunals to treat Rwanda as a safe destination. The new law also instructs courts to disregard other British laws and international regulations, such as the International Refugee Convention, which prohibit deportations to Rwanda.
Furthermore, some hard-line members of Prime Minister Sunak’s Conservative Party sought even more sweeping legislation, proposing to override the UK Human Rights Act, the European Convention on Human Rights, the UN refugee convention, and all other international laws. Critics argue that this would further delay the deportation process by allowing migrants to challenge their removal on specific individual grounds.
Despite the legal challenges and concerns raised by human rights groups, Prime Minister Sunak has stated that the government will begin the process of removing identified individuals for the first flight to Rwanda once the bill passes. Plans are already in place for the initial flights within 10-12 weeks, with an airfield on standby, commercial charter planes booked, and personnel ready to escort migrants to Rwanda.
Once in Rwanda, asylum seekers will have their applications assessed. If successful, they will be granted asylum in Rwanda rather than the UK. However, there remains the possibility of further legal challenges from campaigners or individuals scheduled for deportation to Rwanda.
It is important to note that the opposition Labour Party, which is favored to win the next UK general election, has pledged to scrap this policy if it comes to power.
