The British government is considering deploying legal representatives in Rwandan courts as part of a potential treaty aimed at facilitating the transfer of asylum seekers to Rwanda. This initiative comes after the Supreme Court recently ruled that the initial plan was illegal, prompting efforts to address the legal concerns raised by the asylum transfer program.
Home Secretary James Cleverly is set to travel to Rwanda to finalize the details of the agreement, with the pact expected to be signed soon. The agreement is expected to be accompanied by new legislation aimed at avoiding potential legal obstacles to the scheme in the courts.
This development emerges against the backdrop of the government’s forthcoming measures to curtail legal migration, responding to the record-high net migration figures witnessed in 2022.
The original policy, announced in April 2022, aimed to relocate specific asylum seekers to Rwanda for their asylum applications. However, the Supreme Court’s ruling cast doubt on the assurance that Rwanda would adhere to the international principle of non-refoulement, which prevents the return of asylum seekers to their home countries if it poses a risk of harm.
In an effort to address these concerns, the UK government is pursuing a formal treaty with Rwanda, envisioning it to provide more robust legal assurances. The prospective agreement may entail the deployment of British legal representatives in Rwandan courts. Additionally, reports suggest a potential allocation of an additional £15 million to bolster Rwanda’s asylum processing system under the treaty.
Despite the UK’s prior payment of £140 million to Rwanda for the scheme, legal challenges led to the cancellation of the inaugural flight scheduled in June 2022.
The proposed policy is in response to an increase in the number of people arriving illegally in the UK via Channel crossings in small boats.
Concurrently, in response to mounting pressure from backbenchers following revelations of unexpectedly high net migration figures, the government is set to unveil strategies aimed at reducing legal migration.
Potential reforms could include reconsidering the list of occupations that allow hiring below standard salary thresholds, as suggested by Immigration Minister Robert Jenrick, as well as the implementation of migration caps and restrictions on dependents accompanying migrants to the UK.
