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UK-Rwanda Asylum Plans Declared Unlawful

Maynard Championby Maynard Champion
June 29, 2023
Reading Time: 4 mins read
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UK appeals court rules that plan to send asylum seekers to Rwanda is unlawful.

UK appeals court rules that plan to send asylum seekers to Rwanda is unlawful.

The Conservative administration’s promise to discourage migrants from perilous voyages across the English Channel, has taken a hit, after a British court declared that, a government proposal to send asylum seekers on a single journey to Rwanda, illegal.

rwanda
Several charities and human rights groups have criticised the plan to deport asylum seekers to Rwanda.

Rwanda wasn’t admissible as a “safe third country,” where migrants might be transported, according to three Court of Appeal justices, who divided their decision 2:1.

However, the justices ruled that sending asylum seekers to another nation was not of itself unconstitutional. The government announced that, it would be appealing the verdict to the UK Supreme Court. It may file an appeal up to July 6.

Prime Minister Rishi Sunak said that, “while I respect the court, I fundamentally disagree with their conclusions.”

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sunak 3.0
Britain’s Prime Minister Rishi Sunak speaking at the House of Commons in London.

Sunak vowed to “stop the boats,” referencing the jam-packed dinghies and small boats, that travel from northern France to the United Kingdom, conveying migrants who wish to reside there. In 2022, more than 45,000 individuals attempted to cross the English Channel, with some of them perishing in the process.

The administrations of the United Kingdom and Rwanda came to an agreement over a year back, that some migrants who enter UK illegally, or in small boats would be transported to Rwanda to have their asylum claims handled there. Those who received refuge would remain there rather than go back to Britain.

Moreover, human rights organizations claimed that, it is cruel and inhumane to transport migrants over 4,000 miles, to a nation they do not choose to reside in, and asserted that the majority of migrants are distressed individuals lacked a legal route to the United Kingdom.

Suella Braverman 1
Britain’s Home Secretary Suella Braverman pauses, during a press conference in the capital Kigali, Rwanda Saturday, March 18, 2023.

They also mentioned Rwanda’s substandard human rights record, which includes claims of torture and the murder of adversaries of the regime. Under the terms of the agreement, Britain had previously paid Rwanda $170 million, but no one has yet been sent there.

High Court Dismisses Asylum Seekers And HRO’s Suit

On the other hand, the British High Court, in December, dismissed a complaint filed by a number of asylum seekers, humanitarian organizations, and a union for border guards, ruling that, the policy is legitimate and does not violate any of Britain’s commitments under the United Nations Refugee Convention or other international treaties.

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kigali 2.0
Britain’s Home Secretary Suella Braverman, 2nd right, speaks to genocide survivor and memorial official Theoneste Karenzi, right, accompanied by Rwandan politician Monique Mukaruliza, left, during a visit to the Kigali Genocide Memorial in the capital Kigali, Rwanda Saturday, March 18, 2023.

However, the court authorized the plaintiffs, which included asylum seekers, facing repatriation under the government plans, to contest the judgment on grounds such as whether the plan is “systemically unfair” and whether asylum seekers would feel secure in Rwanda.

The Appeals court decided today, that the U.K.’s international commitments did not preclude the removal of asylum seekers to a safe third country, rendered the government a partial victory.

Due to “serious deficiencies” in its refugee system, two of the three judges concluded that Rwanda was not safe. Asylum seekers, they claimed, “would face a real risk of being returned to their countries of origin,” where they may suffer abuse.

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Lord Chief Justice Ian Burnett
Lord Chief Justice Ian Burnett.

On the contrary, Lord Chief Justice Ian Burnett, the highest ranked judge in England and Wales, differed from his two colleagues. He said the Rwandan government’s guarantees were sufficient to guarantee the migrants’ safety.

The Rwandan government disagreed with the ruling, and claimed that their country is “one of the safest countries in the world.”

“As a society, and as a government, we have built a safe, secure, dignified environment, in which migrants and refugees have equal rights and opportunities as Rwandans. Everyone relocated here under this partnership will benefit from this.”

Government Spokeswoman Yolande Makolo.
Yolanda Makolo
Government Spokeswoman Yolande Makolo.

However, Frank Habineza, the leader of Rwanda’s opposition, argued that, Britain shouldn’t try to impose its obligations on refugees.

“The U.K. is a bigger country than Rwanda, huge resources, unlike impoverished Rwanda. Sending migrants to Rwanda, the U.K. will be relinquishing responsibility of protecting those running to the U.K. for safety,” he said.

READ ALSO:EU To Discuss Russia With NATO And Kyiv

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Tags: Appeals CourtAsylum SeekersLord Chief Justice Ian BurnettRishi SunakRWANDA
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