As the government rushes through the Safety of Rwanda (Asylum and Immigration) bill before Parliament, it was encouraging to see its unanimous rejection at York conference, which adopted ‘Beyond Rwanda: a fairer way Forward on Asylum’.
In my speech I highlighted the farce in three stages that is the government’s ‘Rwanda plan’:
First, the government passed the Nationality and Borders Act, creating a two-tier system of refugees (which it never activated), proceeding to sign a Memorandum of Understanding with Rwanda.
Second, the Supreme Court finds the plan to be unlawful.
Third, the government signs a treaty, which the cross-party Lords International Agreements Committee recommends not to ratify until Parliament is satisfied that the protections it provides have been fully implemented. Why? because Parliament is essentially asked to determine that Rwanda is safe even though the Supreme Court has clearly determined it is not.
Lest we forget, in 2023, several asylum seekers received protection in the UK because of their fear of persecution in Rwanda.
The ‘Safety of Rwanda’ Bill is outrageous on multiple levels:
First, the UK, a ‘global north’ country, is paying a ‘global south’ country to both determine asylum applications and to host those of them found to be eligible for asylum – this is a manifest act of counter-responsibility-sharing
Second, unlike EU law, where Article 38 of the Asylum Procedures Directive requires that an asylum seeker sent to a country outside the EU must have a relevant connection to that country, those removed to Rwanda have no such connection
Third, those removed to Rwanda, even if found to be refugees under the Rwandan asylum system, can never come back to the UK: they face a lifetime ban for daring to seek asylum here.
Fourth, the government admits on the face of the bill, as it must under section 19 of the Human Rights Act, that it is unable to state that the bill is compatible with the ECHR; it proceeds to authorise ministers to ignore an interim order by the Strasbourg court to prevent removals; and it expects civil servants to go ahead with such prohibited removals
Finally and to top it all, the government tells our courts they cannot make a determination that Rwanda is unsafe even if the facts so require