The UK’s Botched Deportation Plan to Rwanda

Despite the UK Appeal Court ruling stopping the planned deportation of asylum seekers to Rwanda, the future looks uncertain for refugees, especially those of African descent, post-Brexit.

Written by Kosi Ogbuli

Jul 6, 2023

What Will Asylum-Seeking Look Like for African Immigrants? Henry Nicholls / REUTERS

On 29 June 2023, the United Kingdom’s Appeal Court put a stop to the UK government’s plans to send asylum seekers to Rwanda saying it was against the law. The court claimed that they are worried about the state of human rights in Rwanda and felt that people sent there may experience danger reminiscent of what they are escaping from.

Despite this setback, the UK government is not giving up. It plans to argue against the court’s decision, claiming that the deportation scheme is an important means of stopping people from misusing the asylum process. In the past ten years, there has been an increase in the number of asylum seekers and migrants into the UK from less than 18,000 in 2010 to over 70,000 in 2022. The government had planned to send asylum seekers to other countries while their applications were reviewed but this recent ruling has complicated matters.

Last year, the UK agreed to an initial deal with Rwanda worth 140 million pounds ($177 million) with plans to relocate tens of thousands of asylum seekers arriving in Britain to the East African nation. The migrants were to be housed temporarily in facilities, generally hostels or hotels, in Kigali while their asylum claims were looked into.

Human rights groups and international bodies have been very pleased with the court’s decision. Organizations like Amnesty International and the UN Refugee Agency have said before that they were worried about the government’s plan. Amnesty international in response to the ruling stated that ‘this totally misguided bid to expel people seeking asylum thousands of miles away to Rwanda—a country with its own asylum and human rights challenges—was always an expensive and deeply cruel injustice.’ Both organizations and more believe the court’s decision highlights the need to respect international law and protect people fleeing dangerous situations.

The Rwandan government has not said much about the court’s decision beyond affirming the safety of Rwanda. They had agreed to the UK’s plan before, hoping the deal might lead to more aid and a better image internationally. This court decision could now put those benefits in doubt.

It’s hard to say exactly what this will mean for African immigrants and refugees in the UK, but it could have a big impact. This decision will likely stop the UK from sending asylum seekers to other countries in the future. It means the government will need to think very carefully about how to treat people seeking asylum, with a focus on human rights. This could change how the UK deals with immigration and asylum claims in the future.

DEPORTATION PLAN

The blueprint for the deportation plan, part of the 2022 New Plan for Immigration, was aimed at making a sweeping change to how the UK processes asylum applications. Drawing inspiration from Australia’s offshore processing model, the plan envisaged sending asylum seekers to third countries while their applications were being assessed. This was against the backdrop of an uptick in anti-immigration sentiment borne out of ‘Brexit’.

This bold plan, however, triggered a wave of backlash, sparking intense criticism from human rights advocates and legal challenges. Critics argue that the plan misinterprets the 1951 Refugee Convention, contradicts the non-refoulement principle, and undermines the asylum process. The latest ruling by the court is the culmination of these challenges, throwing a spanner in the works of the deportation strategy.

The court’s ruling was largely based on concerns about the treatment of deportees in Rwanda and the possible violation of their rights. The judges underlined the lack of fair trials in Rwanda and concerns about potential human rights abuses, concluding that the deportation plan might breach asylum seekers’ right to non-refoulement—the cornerstone principle of international law that prevents nations from returning asylum seekers to places where they would face persecution.

This landmark ruling has added a new chapter in the UK’s ongoing struggle to reform its immigration system, reinforcing the importance of human rights in shaping these policies. The stage is now set for a period of legal and political tumult as the government wrestles with the implications of this judgment.

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The UK’s Botched Deportation Plan to Rwanda

DEPORTATION PLAN

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Kosi Ogbuli

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