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What is the UK's plan to send asylum seekers to Rwanda? What is the UK's plan to send asylum seekers to Rwanda?
(30 days later)
The UK government wants to send some asylum seekers to Rwanda.The UK government wants to send some asylum seekers to Rwanda.
The High Court ruled in December 2022 that the scheme is legal, but that decision is facing further challenge in the courts. But the the policy is unlawful, the Court of Appeal has ruled. That decision could itself be challenged at the Supreme Court.
What is the Rwanda asylum plan?What is the Rwanda asylum plan?
The five-year trial would see some asylum seekers sent to Rwanda on a one-way ticket, to claim asylum there. The five-year trial - announced in April 2022 - would see some asylum seekers sent to Rwanda on a one-way ticket, to claim asylum there.
They may be granted refugee status to stay in Rwanda. If not, they can apply to settle there on other grounds, or seek asylum in a "safe third country". They may be granted refugee status to stay in Rwanda. If not, they can apply to settle there on other grounds, or seek asylum in another "safe third country".
The government says this will deter people arriving in the UK through "illegal, dangerous or unnecessary methods", such as on small boats which cross the English Channel. The government says the plan will deter people arriving in the UK through "illegal, dangerous or unnecessary methods", such as on small boats which cross the English Channel.
However, the numbers crossing have not fallen since the policy was announced on 14 April 2022.
More than 45,700 people used this route to come to the UK in 2022, the highest figure since records began.More than 45,700 people used this route to come to the UK in 2022, the highest figure since records began.
Is the Rwanda scheme legal? Small-boat crossings decreased slightly in the first few months of 2023 but numbers could rise again in the summer.
Opponents argue that Rwanda is not a safe destination for asylum seekers and that the scheme breaks human rights laws. No asylum seeker has actually been sent to Rwanda so far. The first flight was scheduled to go in June 2022, but was cancelled after legal challenges.
But in December 2022 the High Court said that the plan is legal and that it does not breach the UN's Refugee Convention. Is Rwanda safe and is the scheme legal?
However, on 16 January, the High Court ruled that the some of the groups who lost the case had the right to appeal against parts of its decision. In June 2023, the Court of Appeal overturned an earlier ruling by the High Court that the Rwanda plan was lawful.
The appeal hearing took place between Monday 24 April and Thursday 27 April. The judges did not give a date when the verdict will be announced. The judges ruled that the east African nation is not a safe third country because of "deficiencies" in its asylum system which mean that some claimants could be sent back to their home countries, where they might face persecution.
Flights cannot take off to Rwanda while legal proceedings are still ongoing. It said that "unless and until" those deficiencies are corrected, removal of asylum seekers to Rwanda is unlawful.
No asylum seeker has actually been sent to the country so far. The first flight was scheduled to go in June 2022, but was cancelled after legal challenges. The ruling also said that the Rwanda policy breaches Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman treatment.
Ms Braverman (centre) pictured on a visit to Rwanda in March 2023 It was not a unanimous decision. Two judges agreed to reverse the High Court decision but a third did not.
Home Secretary Suella Braverman insists Rwanda is a safe country for migrants, telling the BBC that the country has "a track record of successfully resettling and integrating people who are refugees or asylum seekers". The judges said their decision does not imply a view about the "political merits" of the policy.
Asylum Aid, the charity which brought the case against the government, said the judgement was a "vindication of the importance of the rule of law and basic fairness when fundamental rights are at stake".
The UN's refugee agency, which advised the court on matters of international refugee law during the appeal, also welcomed the ruling, and urged the UK government to "pursue other measures" instead.
But Home Secretary Suella Braverman called the judgment "disappointing", and Prime Minister Rishi Sunak confirmed the government will seek permission to appeal the decision to the Supreme Court.
While legal proceedings continue, flights still cannot take off for Rwanda.
Ministers warned about Rwanda rights, court toldMinisters warned about Rwanda rights, court told
Land of safety - or fear? Why Rwanda divides opinionLand of safety - or fear? Why Rwanda divides opinion
How many people could be sent to Rwanda?How many people could be sent to Rwanda?
The UK government previously said "anyone entering the UK illegally" after 1 January 2022 could be sent, with no limit on numbers.The UK government previously said "anyone entering the UK illegally" after 1 January 2022 could be sent, with no limit on numbers.
Rwanda says it can process 1,000 asylum seekers during the trial period, but has capacity for more.Rwanda says it can process 1,000 asylum seekers during the trial period, but has capacity for more.
Under the deal, Rwanda can also ask the UK to take in some of its most vulnerable refugees.Under the deal, Rwanda can also ask the UK to take in some of its most vulnerable refugees.
But in October 2022, Privilege Style - the airline which was scheduled to take asylum seekers to Rwanda - withdrew from its Home Office contract, after a campaign by refugee charities.But in October 2022, Privilege Style - the airline which was scheduled to take asylum seekers to Rwanda - withdrew from its Home Office contract, after a campaign by refugee charities.
At the time the Guardian reported that two other airlines which had previously conducted deportation flights, Titan Airways and AirTanker, had also ruled out participation in the Rwanda scheme. At the time the Guardian reported that two other airlines which had previously conducted deportation flights had also ruled out participation in the Rwanda scheme.
How much will the plan cost?How much will the plan cost?
So far the UK has paid the Rwandan government £140m for the scheme. So far the UK has paid the Rwandan government £140m for the scheme but it has not provided an overall cost.
Other costs include flights to Rwanda, food, accommodation, access to translators and legal advice. Removing people from the UK by charter flight cost more than £13,000 per person in 2020. An economic-impact assessment prepared for the government's Illegal Migration Bill estimated that removing each individual to a third country, such as Rwanda, would cost £63,000 more than keeping them in the UK.
When the policy was first announced, then Home Office Minister Tom Pursglove said the cost would be "similar to the amount of money we are spending on this currently". He said that "longer term, by getting this under control, it should help us to save money". That figure is the difference between the total cost of removing an individual - estimated to be £169,000 - and the £106,000 spent on housing support if they remain in the UK.
The UK's asylum system costs £1.5bn a year. Almost £7m a day is spent on hotel accommodation for refugees and asylum seekers. The £169,000 total includes a payment to the third country of around £105,000 per person, as well as £22,000 for flights.
The Home Office said no cost would be incurred if the policy deterred an individual from entering the UK illegally.
But it said it was "uncertain" how many people would be deterred because the policy was "novel and untested".
The UK's asylum system costs £3bn a year. Almost £7m a day is spent on hotel accommodation for refugees and asylum seekers.
Critics say the daily cost is so high because of the time taken to decide on applications, and a ban on asylum seekers working while waiting for confirmation of their status.Critics say the daily cost is so high because of the time taken to decide on applications, and a ban on asylum seekers working while waiting for confirmation of their status.
What is an asylum seeker?What is an asylum seeker?
The UN Refugee Agency defines an asylum seeker as someone who has applied for shelter and protection in another country.The UN Refugee Agency defines an asylum seeker as someone who has applied for shelter and protection in another country.
A refugee is a person who has fled conflict or persecution in their own country.A refugee is a person who has fled conflict or persecution in their own country.
The legal rights of refugees are protected by international law. However, it is up to host countries to decide whether an asylum seeker is granted refugee status.The legal rights of refugees are protected by international law. However, it is up to host countries to decide whether an asylum seeker is granted refugee status.
In 2022, the UK received more than 89,000 asylum applications, the highest number for 20 years. Of these, more than 23,800 people and their dependants were granted a form of protection.In 2022, the UK received more than 89,000 asylum applications, the highest number for 20 years. Of these, more than 23,800 people and their dependants were granted a form of protection.
Related TopicsRelated Topics
Refugees and asylum seekersRefugees and asylum seekers
Europe migrant crisisEurope migrant crisis
RwandaRwanda
MigrationMigration