Britain’s ‘Rwanda plan’ for migrants ‘stumbles’ in courts

On April 14, 2022, the then Prime Minister, Boris Johnson, announced that the United Kingdom signed a bilateral agreement with Rwanda which among others provides that for those who enter the country through irregular routes, Britain could transfer them to Rwanda and there to have their request for asylum decided. According to the plan if they are granted refugee status they will have the right to remain in Rwanda. If not, they could apply to settle there for other reasons or seek asylum in another “safe third country”.

Yes, yes the agreement would have retroactive effect as its application concerned all irregular migrants who entered the UK from 1/1/2022. The agreement provides that the United Kingdom will pay Rwanda an amount of 175 million euros for the implementation of this program.

The reasoning of the British government is that the so-called “Rwanda Plan” would act as a deterrent to the growing number of asylum seekers arriving in the UK mainly by small ships crossing the English Channel. Last year, this way 45,775 people arrived in the UK while this year, so far, 27,000.

For the first time the British Govt tried to implement the measure in June 2022 but at the last minute the European Court of Human Rights blocked a flight that was ready to carry migrants and refugees to Rwanda. A legal battle between refugee charities and the British state has since begun

In December 2022 the High Court in London ruled that the measure is legal and does not breach the UK’s obligations under the 1951 United Nations Refugee Convention.

The organization Asylum Aid appealed to the Court of Appeal in London which ruled in June this year that Rwanda is not a safe “third country” and therefore, as the court decision said, asylum seekers should not be sent there. The British government in turn appealed to the High Court in London to re-examine the legality of the measure. And that’s this morning rejected and even unanimously the appeal of the British government.

“We have seen today’s decision and now we will consider the next steps”Downing Street said in a statement, stressing that “this was not the outcome we wanted, but we have spent the last few months planning for all eventualities and remain fully committed to stopping the boats” bringing migrants to Britain.

The Sunak government is expected to announce how it will upgrade the agreementin a bilateral treaty which means it will be much more difficult than a court to stop the transfer of migrants from the UK to Rwanda.