Rwanda Asylum Policy - An overview

With all focus on tomorrow's decision on the government's Rwanda Policy, we take a brief overview as to why the Rwanda Asylum Plan has caused controversy and what happens after the judgement.

What is the Rwanda Asylum Policy?

The MEPD also known as the Rwanda Asylum Plan was initiated by the Conservative Party leader, Boris Johnson in 2022. The initiation of the plan was encouraged by the motive to reduce the number of illegal migrants entering England, stop human trafficking and also boost Rwandan investment and development. This coupled with the objective of preventing asylum seekers entering the United Kingdom by boat.

The government's objective is to send tens of thousands of asylum seekers to Rwanda, where their asylum claims would be processed in Rwanda and they will be recognised as refugees in Rwanda (if successful). ?

Criticism of the Policy

There have been several criticisms of the Rwanda Asylum Policy. The major criticism and legal challenge to the Government's plan is that Article 3 of the ECHR will be breached if the policy is implemented. Article 3 for those unaware covers the right not to be tortured or treated in an inhuman or degrading way.

The core of this opposition argument is that Rwanda's asylum system is plagued with unfairness. The risk therefore is if the process is flawed in Rwanda it would result in wrongful refusals of genuine asylum claims. Therefore, by deporting asylum seekers to Rwanda and delegating the decision making to Rwanda authorities, there is a risk that many asylum seekers could potentially return back to the country they initially sought asylum against.

There has also been questions raised by Human Rights Lawyers on whether Rwanda could be classified as a safe country. Their present President in accordance to the Independent newspaper, has been accused of engaging in the political oppression of his opponents. Furthermore, only as recent in January 2021, the director general for Europe at the Foreign, Commonwealth and Development Office had told the UN Human Rights Council that there is still a concern regarding continued restrictions to civil and political rights and media freedom in Rwanda.

The country of policy and information note about Human Rights in Rwanda, used by the Home office in the UK criticises the rights of asylum seekers and refuges in Rwanda, especially young girls and women who are at a higher risk of Gender Based Violence. The same guidance also considers the significant human right issues which include unlawful or arbitrary kills by the government, forced disappearances and/or harsh and inhuman detention conditions.? It must also be considered that this guidance was published in May 2022, a month after the initiation of the MEPD.?

Criticisms have also been raised about the UK government relinquishing their legal responsibility to asylum seekers across the world by delegating the claims to Rwanda. We must not forget that the UK signed up to the 1951 Refugee Convention. In doing so, the United Kingdom agreed to protect those entering UK borders for the purpose of asylum.

Where we are now?

Initially, the Government was successful at the High Court when the High Court agreed that the Rwanda Asylum Policy was lawful. However, the Court of Appeal disagreed with this determination and declared that the Rwanda Asylum Policy is in breach of the European Convention of Human Rights.

Now it will be for the Supreme Court to determine the legality of the policy.

What happens next?

If the Government win, we will be expecting the travelling arrangements to be implemented promptly (likely by next year) and the deporting of many asylum seekers to Rwanda.

However, if the Government lose, we anticipate the focus will then turn to the European Convention of Human Rights. It is this legislation that gives asylum seekers a basis to challenge. The pressure will then be on whether the Government will push to remove these essential human rights away so there are less obstacles for future controversial policy plans.

What can you do?

Those who have asylum claims and require legal advice can contact our firm ([email protected]). If the Government succeed tomorrow, we would also encourage those fearful that they may be affected to seek legal advice. S.A.J Legal solicitors specialise in many asylum claims and also deal in litigation matters. We are therefore equipped to deal with these complex matters.