British home secretary Priti Patel (left) and Rwandan foreign minister Vincent Biruta (right) sign the policy on 14 April 2022

The Rwanda asylum plan (officially the UK and Rwanda Migration and Economic Development Partnership, also known as the Rwanda asylum scheme, the Rwanda plan and the Rwanda deal) is an immigration policy first proposed by the British government in April 2022 whereby people whom the United Kingdom identified as illegal immigrants or asylum seekers would have been relocated to Rwanda for processing, asylum and resettlement. Those who were successful in claiming asylum would have remained in Rwanda and they would not have been permitted to return to the United Kingdom.

The first flight for this plan received legal clearance from the High Court of Justice and was scheduled for 14 June 2022. A last-minute interim measure by the European Court of Human Rights led to the plan being halted until the conclusion of the legal action in the UK. At the end of 2022, the High Court further ruled that though the plan was lawful, the individual cases of eight asylum seekers due to be deported that year had to be reconsidered.[1] The Court of Appeal ruled on 29 June 2023 that the plan was unlawful; with an appeal to the Supreme Court of the United Kingdom leading to a concurrence with the lower court on 15 November 2023.[2]

Description

The UK and Rwanda Migration and Economic Development Partnership,[3] also known as the Rwanda asylum plan,[4][5] was a policy that was announced in a speech by British prime minister Boris Johnson on 14 April 2022.[6] It was an immigration policy whereby people identified by the United Kingdom as being illegal immigrants or asylum seekers would have been relocated to Rwanda for processing, asylum and resettlement.[6][7] In return, the United Kingdom is set to accept an unspecified number of the "most vulnerable refugees" currently residing in Rwanda.[8][9] It was signed for a duration of five years by British home secretary Priti Patel and Rwandan foreign minister Vincent Biruta on 13 April 2022.[10] Its stated aims were to decrease the number of migrant crossings in the English channel, stop human smuggling, and boost Rwandan investment and development.[11][12] Johnson said it would "save countless lives" and would break the business model of "vile people smugglers".[11] The United Kingdom would have paid Rwanda an "economic transformation and integration fund" amounting to £120 million, and would also have funded each immigrant in an amount of between £20,000 and £30,000 for their relocation and temporary accommodation under the scheme.[13] The agreement with the Rwandan government did not specify how many migrants would have been accepted under the scheme but it was subsequently reported that the initial maximum would have been 200.[14][15] In comparison, net migration to the UK rose to a record high of around 504,000 in the year to June 2022, driven by an increase in the number of non-European Union nationals.[16] The government registered 45,755 people arriving by small boats in 2022, 60% higher than in 2021, according to the Home Office. That has led to a record backlog of 161,000 asylum cases.[17]

Upon their arrival in Rwanda, migrants would have been temporarily accommodated in the capital Kigali while their claims for asylum were processed.[18] If successful, migrants would have then received permanent residency in the country and been offered permanent accommodation. It was expected that all claims would, at most, have taken three months to be processed.[19] Once in Rwanda, migrants would not have been allowed to return to the United Kingdom to seek asylum.[20]

The United Kingdom has stated that asylum in the country would still have been granted on an individual basis, but depending on the strength of each claim. Rwanda stated that they would not accept immigrants with criminal records, nor would it accept families or anyone under the age of majority.[21][20]

Application

On 14 May 2022, Johnson said in an interview with the Daily Mail that fifty migrants had been told that they would be transported to Rwanda over the next two weeks, and that his government was ready for legal opposition to the plan's enforcement.[22]

The first flight under this plan was scheduled for 14 June 2022 and was expected to carry more than 30 people.[23] By 14 June, the number of people expected on the flight had been reduced to seven after successful legal challenges had removed a number of people from it. On the evening of 14 June it was confirmed the flight would no longer depart on that date following an interim measure from the European Court of Human Rights.[24] Home Secretary Priti Patel said that she was "disappointed" by the outcome and that preparations for "the next flight" were to begin immediately.[24]

Two campaign groups – Detention Action and Care4Calais – joined the Public and Commercial Services Union (PCS) and four asylum seekers to challenge the plan in the High Court of Justice and request a last-minute injunction to stop the first flight from taking off on 14 June 2022.[25] However, on 10 June 2022 the High Court refused to grant the injunction requested.[26]

At 19:30 on the day of the planned flight, the European Court of Human Rights issued an interim measure which stated that one of its seven passengers, an Iraqi man, would face "a real risk of irreversible harm" if he was transported to Rwanda. That interim measure led the other six passengers to appeal, some to judges in London. The removal orders were scrapped and the flight was cancelled.[27] After the ECHR intervention, some political figures called for the UK to leave the ECHR.[28]

On 19 December 2022, the High Court of Justice ruled that the plan to send asylum seekers to Rwanda was lawful.[29] However, a group of asylum seekers selected for deportation appealed the case to the Court of Appeal, which on 29 June 2023 ruled that the plan was unlawful because Rwanda is not a safe country. Prime Minister Rishi Sunak vowed to appeal the verdict at the Supreme Court of the United Kingdom.[30]

The government subsequently launched its planned appeal against the ruling. The Supreme Court scheduled a three-day hearing on the policy to begin on 9 October 2023.[31] During the hearing, the government argued that Rwanda could be trusted to treat refugees humanely, while the lawyers representing the migrants described the country as an "authoritarian one-party state"[32] with a "woefully deficient" asylum system.[33] In a unanimous ruling the court agreed with a Court of Appeal decision, finding the plan unlawful on the grounds of deficiencies in Rwanda's asylum system.[34]

After concluding a new treaty with Rwanda on 5 December 2023, on 7 December the government secured a first reading of the Safety of Rwanda (Asylum and Immigration) Bill.[35]

Reception

United Kingdom

A YouGov poll, reported on 14 April 2022, found that 42% of those questioned disagreed with the plan, while 35% were in support. Results differed depending on what political party members of the public supported. The majority of Conservative supporters agreed with the scheme, whereas the majority of Brexiteers, Remainers, Liberal Democrat supporters and Labour supporters were opposed. Labour voters in the Red Wall and Wales were most likely to agree with the policy out of the party's supporters. People in Scotland and London, as well as young people nationwide, opposed the scheme the most. In contrast, the elderly gave it the most support.[36] By 13 June 2022, a YouGov poll reported that 44% of those questioned supported the plan, and that 40% were opposed to it.[37]

Demonstrations were held outside the Home Office the day the policy was announced and charities warned of Rwanda's human rights violations.[38] The Rwanda deportation flight was to have been carried out by Privilege Style, a Spanish-based charter operator that had previously conducted deportation flights for the Home Office. Seven airline operators have been identified as providing contract services for such flights the previous year.[39] Privilege Style later announced that it would not be making the requested deportation flights due to a campaign by pressure group Freedom from Torture.[40]

As summarised by the Evening Standard on 15 April 2022, the Daily Mirror and The Guardian called the plan "inhumane", while the i called it "cruel", and the Daily Mail called its critics "left-wing lawyers and naysayers".[41]

Home Office under-secretary, Matthew Rycroft was reported on 17 April 2022 to have expressed doubt over whether the plan would deter migrants or provide value for money while Home Secretary Priti Patel said that the prospect of being sent to Rwanda would disrupt the people-smuggling trade.[42] In the following year, other Home Office officials expressed similar doubts about the plan's feasibility.[43]

Archbishop of Canterbury Justin Welby said during an Easter Sunday sermon that the scheme raised "serious ethical questions" and did not stand "the judgement of God".[44]

On 10 June 2022, The Times reported that Prince Charles had privately described the plan as "appalling" and feared that it would overshadow the Commonwealth Heads of Government meeting in Rwanda on 23 June, where the Prince represented the Queen.[45]

On 15 June 2022, in an exchange in the House of Commons, Labour's Yvette Cooper criticised the scheme saying that in the past Rwanda had shot asylum seekers because they protested about food shortages, and had sent asylum seekers back to Syria and Afghanistan. She said Patel was failing to get a better agreement with France to prevent people crossing the Channel because relevant relationships with France broke down.[46]

Speaking to GB News, the former home secretary Amber Rudd described the plan as being "brutal" and "impractical", saying that the UK government should try and improve relations with France to help deal with migrants crossing the English Channel to try and enter the UK.[47]

Rwanda

Rwandan President Paul Kagame has defended the asylum plan, dismissing allegations that "the U.K. gave Rwanda money to dump people here," further stating that it was "just a problem that needs to be solved and Rwanda is ready to help". He favourably compared the plan to his 2018 proposal to give asylum to Libyan refugees.[48][49]

Victoire Ingabire Umuhoza, leader of the opposition in Rwanda, criticised the policy as dealing with British issues where Rwanda's problems should be dealt with first. She also claimed that Rwanda was not prepared for the new immigrants: "If our people don't have enough to eat, if our kids or Rwanda's kids don't have the possibility of going to school because of the poverty, how will the Rwandan government give education to the kids of refugees?"[50]

Bishop Laurent Mbanda, the head of the Anglican Church of Rwanda, supported the plans. He said that the nation's people empathised with refugees due to their own experiences from the 1990s Rwandan genocide.[51]

Vincent Biruta, foreign secretary of Rwanda, supported the policy shortly after its announcement. In a joint news conference with the British home secretary Priti Patel on 14 April 2022, Mr Biruta claimed that Rwanda will provide the refugees with "a dignified life with shelter, with skills for them to be able to socially and economically integrate into our society, or to have those skills for them to be able to integrate into their country of origin when they decide to go back to their countries".[52] On 4 December 2023 he signed a treaty with British home secretary James Cleverly in an attempt to address the concerns of the Supreme Court of the United Kingdom.[53]

International

The United Nations High Commissioner for Refugees (UNHCR) is "firmly opposed" to the policy,[54] believing it to be unlawful, prejudiced and impractical. Its assistant high commissioner Gillian Triggs said the United Kingdom was "attempting to shift its burden to a developing country" and that the policy "would not comply with the UK's international legal responsibilities". Triggs has called for more options for legal immigration to be introduced to the United Kingdom.[55]

Similar plans

Denmark

Denmark has what has been described as a zero-refugees policy, under which it had passed legislation in 2021 for refugees to be sent outside the European Union to be processed;[56][57] Kagame himself had spoken of talks with the Danish government for Rwanda to participate as early as April 2022.[48]

On 18 August 2022, Denmark opened an office in Rwanda in preparation to move forward with its plan.[58] By 9 September, both Denmark and Rwanda agreed to move forward with it.[59] The plan was met with polarized reactions, facing condemnation both domestically and internationally, while also receiving support from parties across the political spectrum.[60]

Other cases

Sky News compared the UK's scheme to those in use by other countries.[57] In addition to Denmark, it also described the "Pacific Solution" that Australia announced in 2001, under which refugees were to be sent to Papua New Guinea and Nauru;[57] the scheme was modified in 2013 to deter refugees trying to arrive by boat.[57] It also described how the EU had tried measures, including sending migrants to Niger, to try to stop migrants dying trying to cross the Mediterranean from Africa into EU countries.[57] Under a plan by Israel, an African country (which was initially unnamed) agreed to accept up to 20,000 male migrants.[57][61] An unknown number were deported, and Prime Minister Benjamin Netanyahu ultimately conceded that the country involved was Rwanda.[57][62] Most of the men deported fled Rwanda, while others reported difficulty finding work.[63][64] The scheme failed when the country's supreme court suspended deportations in 2018.[65]

A report released by the UK National Archives in 2023 revealed that Jonathan Powell had proposed a similar plan to Tony Blair in 2003. The proposed scheme would have involved sending asylum seekers to holding camps on the Isle of Mull before removing them to safe havens in third-party countries such as Kenya and South Africa.[66] It was also suggested that the government could renounce the European Convention on Human Rights in order to avoid legal challenges and demonstrate a strong stance against illegal immigration.[67]

See also

References

  1. ↑ Doherty, Caitlin; Crowther, Zoe (19 December 2022). "Home Office Rwanda deportation policy is legal, court rules". Civil Service World. Archived from the original on 10 January 2023. Retrieved 10 January 2023.
  2. ↑ "Supreme Court rules Rwanda asylum policy unlawful". BBC News. 15 November 2023. Archived from the original on 16 November 2023. Retrieved 15 November 2023.
  3. ↑ "World first partnership to tackle global migration crisis". GOV.UK. Archived from the original on 9 July 2022. Retrieved 16 April 2022.
  4. ↑ Daly, Patrick (15 April 2022). "UK's Rwanda asylum plan against international law, says UN". The Independent. Archived from the original on 11 June 2022. Retrieved 16 April 2022.
  5. ↑ Powell, Rob (15 April 2022). "Priti Patel issued 'ministerial direction' to push through Rwanda asylum plan despite civil servants concern, Sky News understands". Sky News. Archived from the original on 14 June 2022. Retrieved 16 April 2022.
  6. 1 2 "UK to send asylum seekers to Rwanda under controversial new deal". Al Jazeera. 14 April 2022. Archived from the original on 4 July 2022. Retrieved 16 April 2022.
  7. ↑ Easton, Mark (14 April 2022). "Rwanda asylum seekers: What does the UK's deal mean?". BBC News. Archived from the original on 25 June 2022. Retrieved 16 April 2022.
  8. ↑ "What was the UK's plan to send asylum seekers to Rwanda?". BBC Home. 13 June 2022. Retrieved 22 November 2023.
  9. ↑ Dathan, Matt (17 April 2022). "Vulnerable refugees head from Rwanda to UK". The Times & The Sunday Times. Retrieved 22 November 2023.
  10. ↑ "Memorandum of Understanding between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the Republic of Rwanda for the provision of an asylum partnership arrangement". GOV.UK. Archived from the original on 23 June 2022. Retrieved 16 April 2022.
  11. 1 2 Faulkner, Doug (14 April 2022). "Rwanda asylum seekers: UK government criticised over 'cruel' plan". BBC News. Archived from the original on 14 June 2022. Retrieved 16 April 2022.
  12. ↑ "Why are migrants being sent to Rwanda and how will it work?". Sky News. Archived from the original on 16 June 2022. Retrieved 16 April 2022.
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  14. ↑ Quadri, Sam (23 July 2022). "Rwanda says it can only bring in 200 migrants from UK under controversial deportation scheme". Evening Standard. Archived from the original on 16 November 2022. Retrieved 1 November 2022.
  15. ↑ Hymas, Charles (22 July 2022). "Rwanda can accommodate just 200 Channel migrants – and can't stop them returning to Britain". Daily Telegraph. Archived from the original on 17 November 2022. Retrieved 17 November 2022.
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  19. ↑ Chaplain, Chloe; Ferguson, Emily (14 April 2022). "Inside the Rwanda centre which will house asylum seekers and UK Channel migrants". i News. Archived from the original on 14 June 2022. Retrieved 16 April 2022.
  20. 1 2 Hymas, Charles; Turner, Camilla (14 April 2022). "One-way ticket to Rwanda for tens of thousands of Channel migrants". The Daily Telegraph. ISSN 0307-1235. Archived from the original on 8 July 2022. Retrieved 16 April 2022.
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  22. ↑ Jackson, Marie (14 May 2022). "Boris Johnson: Fifty migrants told they will be sent to Rwanda". BBC News. Archived from the original on 17 June 2022. Retrieved 20 May 2022.
  23. ↑ Osbourne, Samuel (31 May 2022). "Rwanda deportation: First migrants to be sent to east African country in a fortnight, says Home Office". Sky News. Archived from the original on 4 July 2022. Retrieved 10 June 2022.
  24. 1 2 Lee, Joseph; Faulkner, Doug (14 June 2022). "Last-minute legal battle grounds Rwanda asylum flight". BBC News. Archived from the original on 14 June 2022. Retrieved 14 June 2022.
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  27. ↑ Lee, Joseph; Faulkner, Doug (15 June 2022). "Rwanda asylum flight cancelled after legal action". BBC News. Archived from the original on 14 June 2022. Retrieved 14 June 2022.
  28. ↑ Allen, Kirsten (8 February 2023). "Tories consider UK's exit from European Convention on Human Rights". thejusticegap.com. The Justice Gap. Archived from the original on 28 April 2023. Retrieved 28 April 2023.
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  31. ↑ Dathan, Matt (28 September 2023). "Number 10 backs threat to leave human rights convention". The Times. (subscription required)
  32. ↑ Casciani, Dominic (10 October 2023). "Rwanda can be trusted, Supreme Court told". BBC News. Archived from the original on 14 October 2023. Retrieved 14 October 2023.
  33. ↑ Taylor, Diane (9 October 2023). "Supreme court asylum plan hearing told Rwanda 'tortures and murders'". The Guardian. Archived from the original on 14 October 2023. Retrieved 14 October 2023.
  34. ↑ Bancroft, Holly (15 November 2023). "Sunak's Rwanda plan in tatters after Supreme Court rules it unlawful". The Independent. Archived from the original on 15 November 2023. Retrieved 15 November 2023.
  35. ↑ JDawson, Joanna, and McKinney, C. J., "Research Briefing: Safety of Rwanda (Asylum and Immigration) Bill 2023-24", House of Commons Library, 8 December 2023, accessed 9 December 2023
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  45. ↑ Low, Valentine (10 June 2022). Dathan, Matt (ed.). "Prince Charles: Flying migrants to Rwanda is 'appalling'". The Times. Archived from the original on 9 July 2022. Retrieved 11 June 2022.
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  48. 1 2 Butera, Saul (27 April 2022). "Rwanda Defends U.K. Migration Deal, Weighs Similar Denmark Plan". Bloomberg. Archived from the original on 27 April 2022. Retrieved 21 October 2022.
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  51. ↑ "Rwandan Anglican archbishop defends UK asylum plan". Today.ng. 18 June 2022. Archived from the original on 18 June 2022. Retrieved 19 June 2022.
  52. ↑ Durmaz, Mucahid. "'Inhumane': UK plan to send refugees to Rwanda sparks criticism". Al Jazeera. Retrieved 5 December 2023.
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  58. ↑ Wienberg, Christian (18 August 2022). "Denmark Opens Rwanda Office as Part of New Asylum Center Plan". Bloomberg.
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  62. ↑ Kershner, Isabel (3 April 2018). "Netanyahu's Reversal on Migrants Shows Influence of Hard-Line Allies". New York Times. Archived from the original on 17 November 2022. Retrieved 17 November 2022.
  63. ↑ Lawless, Jill (15 April 2022). "Israel precedent prompts outrage as UK plans to send refugees to Rwanda". The Times of Israel. Archived from the original on 17 November 2022. Retrieved 17 November 2022.
  64. ↑ Beaumont, Peter (17 January 2022). "Rwanda's history of receiving deportees raises concerns for potential UK scheme". The Guardian. Archived from the original on 17 November 2022. Retrieved 17 November 2022.
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  66. ↑ "Rwanda-style asylum plan was 'nuclear option' for Blair in 2003, records reveal". The Guardian. 29 December 2023. Retrieved 29 December 2023.
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