London is trying to get its partnership with Kigali back on track to deport asylum seekers who arrived in the UK in “small boats” across the English Channel to Rwanda so that their asylum claims can be assessed in this African Great Lakes country . In early November, this crucial element of Rishi Sunak’s Conservative government’s “anti-migrant” policy, which has never been implemented due to legal challenges, was declared illegal by the UK Supreme Court.
Also read: In the UK, the Supreme Court confirms the illegality of deporting asylum seekers to Rwanda
On Tuesday December 5th, Interior Minister James Cleverly traveled to Kigali to sign with the head of Rwanda’s diplomacy, Vincent Biruta, an agreement that broadly resumes the terms of the agreement signed in spring 2022, but on should respond to objections from the Supreme Court. In its unanimous decision on November 15, Britain’s highest court said the partnership between London and Kigali posed a “real” risk of asylum seekers being returned to their country of origin by Rwandan authorities, even if their protection request was justified.
Principle of “non-refoulement”
A United Nations High Commissioner for Refugees (UNHCR) report cited by the court’s five judges “provided evidence” of the shortcomings of Rwanda’s asylum system and the risks of refoulement it poses to asylum seekers who flee their country for safety reasons. However, the principle of “non-refoulement” is enshrined in British law, as well as in international treaties to which the UK is a signatory: the United Nations Refugee Convention and the European Convention on Human Rights (ECHR). The judges also mentioned a 2021 report by the British government in which they expressed concern about extrajudicial killings in Rwanda, the lack of judicial independence and cases of torture in the country.
Also read: UK signs new deal with Rwanda to tighten its migration policy
The new treaty, which still needs to be ratified by the British and Rwandan parliaments, commits Kigali not to reject any asylum seekers sent by the UK. After the asylum application has been examined, people in Rwanda are granted refugee status or given the right to permanent residence in this country. The only country they could potentially be sent back to is the United Kingdom – if they appeal their deportation to Rwanda and win their case.
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