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UK home secretary James Cleverly on Tuesday signed a treaty with Rwanda in an attempt to overcome the legal block on the government’s policy of sending asylum seekers to the African country.
Under its provisions, anyone sent to Rwanda will be given permanent leave to remain there even if their asylum application failed, according to three people briefed on the contents.
The treaty is intended to address the UK Supreme Court’s ruling that the Rwanda policy is unlawful and paves the way for Cleverly to introduce “emergency legislation” at Westminster to try to revive the scheme.
The Supreme Court ruled unanimously last month that asylum seekers removed to the east African country would be at real risk of being sent back to their home countries without proper assessment of their claims, and also raised concerns that the nation lacked a proper appeals process.
The new UK-Rwanda treaty replaces a previous memorandum of understanding between the two countries that was non-binding in international law.
To bolster appeals, an independent judicial body will be set up to review rejected asylum claims, two people briefed on the treaty said. The body will include at least one judge from Rwanda and one from the Commonwealth.
Cleverly said at a press conference in Kigali on Tuesday with Rwandan foreign minister Vincent Biruta that the treaty “addressed” the issues raised by the Supreme Court.
“Rwanda has now established a strong reputation for the humane and professional administration of refugees and migrants,” he added.
Immigration minister Robert Jenrick earlier told Sky News he was “confident” planes would be in the sky sending asylum seekers to Rwanda before the next general election.
But Yvette Cooper, the shadow home secretary, dismissed the move as “simply a gimmick”.
Signing a treaty with Rwanda does not in itself revive the UK government’s troubled plan to outsource asylum seekers: it is likely to be the start of new political and legal wrangling.
Cleverly will introduce legislation in the House of Commons, possibly as early as this week, which he said will enable parliament to declare in law that Rwanda is “safe”. That assertion is expected to be challenged in the courts.
Tory MPs are also split on whether the new legislation should include a controversial “notwithstanding” clause that would disapply the UK’s international and domestic human rights obligations in relation to the Rwanda policy.
Last week, more than 20 Tory MPs wrote to Rishi Sunak, prime minister, warning they would not support such a move, which is being pushed by Jenrick and former home secretary Suella Braverman.
The Home Office said the principle of sending migrants to a “safe third country” was also being explored by other countries, including Austria, Italy, Germany and Denmark.
The UK has already paid £140mn to the Rwandan government for the scheme, most of it in development funding.
But the policy has been blocked by a series of legal challenges and is highly contentious. One cabinet minister said: “There is no chance of anyone being put on a flight to Rwanda this side of an election.”
Cooper said the government was sending more home secretaries to Rwanda than asylum seekers.
“This is the third home secretary in less than two years, off to Rwanda with another cheque book,” she told Sky News. She added: “This failing scheme is still only going to tackle a couple of hundred people.”
William Turner is a seasoned U.K. correspondent with a deep understanding of domestic affairs. With a passion for British politics and culture, he provides insightful analysis and comprehensive coverage of events within the United Kingdom.
