Rwanda Policy: The recent passing of the Safety of Rwanda (Asylum and Immigration) Bill, alongside the Illegal Migration Act 2023 in the United Kingdom, has raised significant concerns among experts in the field of asylum and immigration law.
This legislation, while ostensibly aimed at addressing migration issues, effectively limits the right to seek asylum in the UK. The two laws do not only limit the chances of succeeding in the UK as an asylum seeker, it also makes it almost impossible to even have the chance to have your case considered at all.
Legal precedents set by the UK Court of Appeal and the Supreme Court have highlighted the inherent risks associated with returning asylum seekers to Rwanda, where they may face persecution in their countries of origin.
In 2023, both UK appellate courts held without missing words that Rwanda is not a safe country for the UK to send asylum seekers to. The courts went further to hold that these asylum seekers while in Rwanda will be facing the same threat that forced them out of their home countries.
This is because they could be forced to return to their home countries where they will face persecution. Notwithstanding all these obvious points made by the courts, the legislation just passed by the UK Parliament says that Rwanda is a safe country to send asylum seekers to.
The dangers that Rwanda pose to asylum seekers does not just exist in the imagination of the critics of the UK government’s Rwanda policy. There is already a clear case that can be referred to in support of the conclusion that Rwanda is very dangerous to asylum seekers.
In 2018, not less than 12 asylum seekers were murdered by Rwandan security forces for daring to protest their situation before the United Nation’s building in the country. This killing was covered by the Rwandan government. The whole truth about what really happened and how many that died were never really known.
Despite these concerns, the new legislation – Safety of Rwanda (Asylum and Immigration) Bill categorizes Rwanda as a safe destination for asylum seekers without subjecting the government’s rationale to proper judicial scrutiny.
This move undermines core principles of the UK’s legal system, including the rule of law and the separation of powers.
The legislation further made it categorically clear that the UK government does not need to even provide any evidence to show that Rwanda is now a safe country. This in essence effectively denies the court the opportunity to review the decision and action of the government in forcefully transferring asylum seekers to Rwanda.
The Safety of Rwanda (Asylum and Immigration) Act, which is now a law and in force in the UK, has thus severely undermined key tenets of the rule of law and the separation of powers in this country. By one single legislation, UK has made complete nonsense of it’s own constitutional law.
Critics of the Rwanda policy argue that it could exacerbate the suffering of individuals who have already endured trauma fleeing war and human rights abuses. Moreover, doubts persist regarding its effectiveness in deterring future migration and addressing underlying issues driving displacement.
Experts note that the implementation of the Rwanda policy comes at a time when there is already a shortage of capacity in immigration legal aid due to government cuts. Furthermore, the legislation seeks to curtail avenues for legal challenge, further complicating the situation for asylum seekers.
The government has indicated plans to initiate removal flights to Rwanda as early as July 2024. However, concerns remain about the lack of adequate legal representation for affected individuals.
As the situation unfolds, Clariform will continue to monitor developments and advocate for the protection of asylum rights within the UK’s legal framework. We will also continue to report about further developments and available helps for asylum seekers.
