UK Supreme Court Finds UK-Rwanda Asylum Scheme Unlawful

Subject: IR

Section: MSc

Context: UK Supreme Court Finds UK-Rwanda Asylum Scheme Unlawful

What is the Rwanda deal:

The Migration and Economic Development Partnership (MEDP) was unveiled by former Prime Minister Boris Johnson.
This initiative aims to establish a system for relocating asylum seekers, deemed inadmissible by the UK, to Rwanda, particularly those entering through irregular routes like the English Channel.
As outlined in the Memorandum of Understanding between the two nations, the UK will assess asylum applications and coordinate the safe transportation of individuals to Rwanda.
Upon arrival, Rwanda is obligated to provide accommodation, ensuring protection from mistreatment and refoulement.
The authority to recognize or deny refugee status lies solely with Rwanda.
Those not granted recognition will be repatriated to their country of origin.

Why did the U.K. choose Rwanda:

Rwanda provides three options for individuals expelled by the U.K.:
- Repatriation to their home country,
- Relocation to a third country,
- Settlement in Rwanda with proper housing, universal health insurance, and the right to work.
The U.K. covers accommodation and transit expenses.
Rwanda was not the initial choice; former Prime Minister Tony Blair unsuccessfully sought asylum arrangements with Tanzania.
The historical context draws parallels between the current situation and Britain’s colonial past, where specific migrant labor groups were relocated to certain territories.
This echoes past practices where the U.K. moved refugees to colonized regions under the pretext of development and economic growth, aligning with the Migration and Economic Development Partnership (MEDP) arrangement.

Why was it ruled unlawful:

The Supreme Court’s ruling hinged on two key issues.
Firstly, it questioned the Court of Appeal’s authority to intervene in the High Court’s decision.
The Supreme Court deemed the High Court’s decision flawed as it failed to assess the evidence of the risk of refoulement, emphasizing the U.K.’s responsibility, under the European Court, to safeguard refugees from refoulement and ensure asylum. The High Court, instead, placed trust in Rwanda’s expertise and assurances.
Secondly, the Supreme Court found credible evidence indicating that asylum seekers face a genuine risk of ill-treatment through refoulement.
Rwanda’s human rights track record and its failure to comply with assurances were cited as evidence supporting the real risk of refoulement.
Despite Rwanda’s standing as a significant U.K. partner, the court underscored periods of violence in Rwanda since 1994 and the critical assessment of its human rights record in influencing the ruling.

Some facts about Rwanda:

Republic of Rwanda, is a landlocked country in the Great Rift Valley of Central Africa, where the African Great Lakes region and Southeast Africa converge.
It is bordered by Uganda, Tanzania, Burundi, and the Democratic Republic of the Congo.
It is known as the “Land of a Thousand Hills” due to its hilly terrain.
Kigali is the capital of Rwanda.
Kinyarwanda is the official language
Rwanda has the highest percentage of women in parliament in the world.