Rwanda plan heard by Supreme Court

In April 2022, 17 months ago, the Government announced its Migration and Economic Development Partnership with Rwanda. This agreement, part of the Government’s wider strategy to “Stop the Boats”, would see people seeking asylum in the UK removed to Rwanda, where their asylum claim would be processed. Even if successful, those removed would not be permitted to return to the UK. This plan, which included £120 million already sent to the Rwandan Government, was instantly severely controversial and quickly failed.

In June 2022, not a single person was left on the first removal flight after the European Court of Human Rights was forced to intervene expressing concern that the removal would cause individuals ‘irreversible harm’. This assessment was supported by the Court of Appeal ruling earlier this Summer that this agreement, despite the claims of the Rwandan Government, presented human rights risks, including inhuman or degrading treatment under Article 3 of the European Convention of Human Rights. They also expressed serious concern about the risk of refoulment. Echoing the concerns raised by refugee and human rights organisations across the UK, the Supreme Court showed the Rwanda plan to be unworkable and unlawful.

This finding, however, is now being challenged. The Government launched an appeal that was heard in the Supreme Court in the first half of this week. If successful, this could allow the Government to persist with its efforts to outsource its obligations to those fleeing conflict and persecution.

All of this goes on against the backdrop of the critically mismanaged asylum system. The asylum backlog has reached record numbers, leaving thousands in limbo facing destitution, and now at risk of street homelessness. Pushing ahead with these poorly planned, expensive, and inhumane asylum policies prioritises exclusionary tactics over safety and humanity. Without any working agreements with ‘third safe countries’, the Government dooms thousands to a life in limbo. With working agreements, the Government breaches international human rights law. Impact assessments have also argued that the Rwanda plan may cost £169,000 per person settled, around £63,000 more than the cost of processing claims within the UK.

We are now awaiting the judgement of the Supreme Court on the Government’s appeal. With 175,000 people waiting in limbo, the asylum system is at a crisis point. Nonetheless, the Home Office continues to attempt to force through ill-thought-out, poorly planned, and life-threatening decisions that would have catastrophic impacts on the lives of thousands instead of creating effective and lasting solutions. This policy is a choice. It is a choice to create a culture of threat and intimidation, to cost thousands of people their security and right to seek safety. Proposals such as the Rwanda agreement must be scrapped, and in its place, we must push for compassion and human rights to sit at the centre of our asylum system.

Sarah (Campaigns Volunteer), and Iona Taylor (Advocacy and Campaigns Lead)