The government has outlined its plan for repatriating asylum-seekers to Rwanda through a treaty signed on 5 December 2023 and the publication of the Safety of Rwanda (Asylum and Immigration) Bill the following day. This move comes in response to the UK Supreme Court’s ruling on 15 November 2023, declaring the Rwanda scheme unlawful due to the risk of asylum-seekers being returned to their origin countries, breaching the principle of “non-refoulement.”
What are the details of the new UK/Rwanda treaty?
The new treaty, signed by the Home Secretary, the Rt Hon James Cleverly MP, and the Rwandan Foreign Minister, differs significantly from the previous memorandum of understanding. As a formal treaty under international law, it will undergo parliamentary scrutiny and include enhanced safeguards. Notably, relocated individuals cannot be sent to any country other than the UK, subject to the UK’s request. The treaty introduces an independent monitoring committee, a joint committee for best practice discussions, and a new appeal body. Article 19 allows for the resettlement of vulnerable Rwandan refugees in the UK.
What is the new Safety of Rwanda (Asylum and Immigration) Bill?
The Safety of Rwanda (Asylum and Immigration) Bill is an extraordinary legislative effort to reverse the Supreme Court’s finding, limit legal challenges, and balance competing views on the matter. The Bill declares Rwanda a “safe country,” discouraging challenges to its safety under various legal frameworks. While excluding most domestic grounds for challenge, it allows limited claims based on compelling individual circumstances. Notably, it does not prevent claimants from seeking recourse in the European Court of Human Rights in Strasbourg, which would independently assess ECHR compliance.
However, the Bill grants ministers the authority to decide whether to comply with interim measures from the Strasbourg court, with UK courts barred from considering such measures. The extraordinary nature of these legislative actions underscores the complexity and controversy surrounding the repatriation of asylum-seekers to Rwanda.
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