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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?
(about 1 month later)
The UK government wants to send some asylum seekers to Rwanda.The UK government wants to send some asylum seekers to Rwanda.
In November, the UK Supreme Court ruled the plan was unlawful because of the risk that asylum seekers sent to Rwanda could be returned to their home countries, where they could face harm. It is proposing new laws to overcome legal obstacles after the Supreme Court said its plan was unlawful.
In response, the government signed a new treaty with Rwanda to strengthen its asylum process, and proposed new UK laws declaring that Rwanda is a safe country.
What is the Rwanda asylum plan?What is the Rwanda asylum plan?
Under the five-year trial - first announced in April 2022 - some asylum seekers arriving in the UK would be sent to Rwanda for processing. Some asylum seekers arriving in the UK would be sent to Rwanda, to have their claims processed there, during a five-year trial.
On arrival, they could be granted refugee status and allowed to stay. If not, they could apply to settle there on other grounds, or seek asylum in another "safe third country". If successful, they could be granted refugee status and allowed to stay. If not, they could apply to settle in Rwanda on other grounds, or seek asylum in another "safe third country".
The government said that "anyone entering the UK illegally" after 1 January 2022 could be sent there, with no limit on numbers. "Anyone entering the UK illegally" after 1 January 2022 could be sent there, with no limit on numbers, the government said.
But, so far, no asylum seeker has actually been sent. Ministers argue the Rwanda plan would deter people from arriving in the UK on small boats across the English Channel.
However, when the scheme was first announced, the most senior civil servant in the Home Office said there was little evidence the plan would have a deterrent effect "significant enough to make the policy value for money".
No asylum seeker has yet been sent to Rwanda, which is a small landlocked country in east-central Africa, 4,000 miles (6,500km) from the UK.
The first flight was scheduled to go in June 2022, but was cancelled after legal challenges.The first flight was scheduled to go in June 2022, but was cancelled after legal challenges.
The government insists that the policy would deter people arriving in the UK through "illegal, dangerous or unnecessary methods", such as on small boats across the English Channel. How many people cross the Channel in small boats?
In January, Prime Minister Rishi Sunak said "stopping the boats" was one of his key priorities. What was the Supreme Court ruling and is Rwanda safe?
How many people cross the Channel in small boats and how many claim asylum in the UK? In November 2023, the UK Supreme Court ruled unanimously that the Rwanda scheme was unlawful.
New UK visa rules: How is the government’s immigration policy changing? It said genuine refugees sent there would be at risk of being returned to their home countries, where they could face harm.
What does the new bill say about the safety of Rwanda? This breaches the European Convention on Human Rights (ECHR), which prohibits torture and inhuman treatment. The UK is a signatory to the ECHR.
The government says that the bill - which must be approved by Parliament - makes clear in UK law that Rwanda is a safe country.
The legislation orders British judges and courts to ignore some sections of the UK Human Rights Act.
Asylum seekers would still be able to challenge their removal to Rwanda based on their personal circumstances.
But ministers could ignore emergency orders from the European Court of Human Rights (ECtHR) to suspend a flight to Rwanda while an individual legal case was being heard.
Some Conservative politicians are unhappy with the proposed law, because they think it risks being blocked by the courts again. Others have criticised the legislation because they believe it breaks international law.
PM Rishi Sunak met Tory MPs to bolster support for the bill ahead of the House of Commons vote
The bill passed its first vote in Parliament, but could still face hurdles at later stages.
No Conservative MPs voted against the legislation, but some chose not to vote at all.
Can the new Rwanda bill work and what could stop it?
Sunak takes the win but the battle is not over
Why did the Supreme Court block sending people to Rwanda?
The UK Supreme Court ruled unanimously that the Rwanda scheme was unlawful.
It said genuine refugees sent there would be at risk of being returned to their home countries, where they could face harm, known in law as "refoulement".
This breaches part of the European Convention on Human Rights (ECHR), which prohibits torture and inhuman treatment. The UK is a signatory to the ECHR.
The judges said the policy contravenes three other laws passed by Parliament during the last 30 years.
The ruling also cited concerns about Rwanda's poor human rights record, and its past treatment of refugees.The ruling also cited concerns about Rwanda's poor human rights record, and its past treatment of refugees.
The UN Refugee Agency (UNHCR) told the Court that the Rwandan authorities turned down 100% of all asylum claims made by people from Afghanistan, Yemen and Syria between 2020 and 2022. The Supreme Court said that in 2021, the UK government had itself criticised Rwanda for its "extrajudicial killings, deaths in custody, enforced disappearances and torture".
The Rwandan government rejected the Court judgement: "We take our humanitarian responsibilities seriously, and will continue to live up to them." It also highlighted an incident in 2018, when Rwandan police opened fire on protesting refugees.
How the UK's asylum deal is viewed in RwandaHow the UK's asylum deal is viewed in Rwanda
Land of safety - or fear? Why Rwanda divides opinion
What is in the new Rwanda bill?
After the Supreme Court ruling, the government introduced a new bill to make clear in UK law that Rwanda is a safe country.
The legislation - which must be approved by Parliament - orders the courts to ignore key sections of the Human Rights Act, in an attempt to sidestep the Supreme Court's judgement.
It also orders the courts to ignore other British laws or international rules - such as the international Refugee Convention - that stand in the way of deportations to Rwanda.
Why are some Tory MPs unhappy about the Rwanda bill and will they vote against it?
The bill passed its first vote in Parliament in December 2023, but faces a second round of voting on 16 and 17 January.
Some Conservative politicians are unhappy with the proposed law and think it should go further.
Others have criticised the legislation because they believe it breaks international law.
On 16 January, Conservative deputy chairmen Lee Anderson and Brendan Clarke-Smith and ministerial aide Jane Stevenson resigned from their roles, because they wanted to support changes which they said would toughen up the legislation.
Sixty Conservative MPs voted against parts of the bill, but it is not clear how many of those will also vote down the whole bill.
At least four MPs - including former ministers Robert Jenrick and Suella Braverman - have said they will vote against the bill in its entirety if it is not amended.
Downing Street said it was confident the bill will pass on Wednesday. It would then go to the House of Lords.
Chris Mason: Crunch day for the Rwanda asylum bill
Can the new Rwanda bill work and what could stop it?
What does the new treaty with Rwanda say?What does the new treaty with Rwanda say?
On 5 December, the UK signed a new migration treaty with Rwanda. As well as introducing the Safety of Rwanda Bill, the UK government also signed a new migration treaty with Rwanda.
Home Secretary James Cleverley says it guarantees that any people sent to Rwanda to claim asylum would not be at risk of refoulement. Home Secretary James Cleverley says it guarantees that any people sent to Rwanda to claim asylum would not be at risk of being returned to their home countries.
Other provisions include: It also includes a new independent monitoring committee to ensure Rwanda complies with its obligations, and that British judges are included in a new appeals process.
a new independent monitoring committee to ensure Rwanda complies with its obligations
the UK will pay for British and Commonwealth judges to preside over a new appeals process
the UK will also pay the accommodation and living expenses of people relocated to Rwanda for up to five years
What will the Rwanda plan cost?What will the Rwanda plan cost?
The government gave £140m to Rwanda in 2022. The UK government says it has paid £240m to Rwanda so far. A further payment of £50m is expected in the 2024-25 financial year.
On 7 December, the Home Office's top civil servant confirmed that a further £100m was given to the country in 2023, with a payment of £50m "anticipated" in 2024. The Labour Party estimates the government will pay about £400m to Rwanda under the scheme, but the government has not confirmed the total cost.
Ahead of the vote on the new Rwanda bill, James Cleverly confirmed to Parliament that the UK plans to give a further £50m to Rwanda in 2026. However, official figures suggest that removing each individual to a third country, such as Rwanda, costs £63,000 more than keeping them in the UK.
In November, the PM claimed that the Rwanda plan will "literally save us billions in the long run", but did not provide any figures to back this up.
An earlier 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.
Legal challenges meant the first Rwanda flight was cancelled shortly before take-off in June 2022Legal challenges meant the first Rwanda flight was cancelled shortly before take-off in June 2022
The Home Office said no cost would be incurred if the policy prevented an individual from entering the UK illegally, but it could not say how many people would be deterred. Prime Minister Rishi Sunak claimed that the Rwanda plan will "literally save us billions in the long run" but did not explain how.
The UK's asylum system costs £3bn a year. About £8m a day is spent on hotel accommodation for refugees and asylum seekers. The Home Office said there would be no cost if the policy prevents individuals from entering the UK.
Where is Rwanda? The UK's asylum system costs nearly £4bn a year, including about £8m a day on hotel accommodation.
Rwanda is a small land-locked country in east-central Africa, 4,000 miles (6,500km) south-east of the UK, Failure to process asylum claims efficiently "has led to unacceptable costs to the taxpayer", a report by MPs said in October 2023.
It borders Burundi, the Democratic Republic of the Congo (DRC), Tanzania and Uganda, and has a population of 13.8 million. Rwandan Paul President Kagame offered to return money given to his country by the UK government if no asylum seekers end up being sent to Rwanda.
President Paul Kagame hopes to win a fourth term in 2024, which would extend his term to nearly three decades.
At the last election in 2017, he won nearly 99% of the vote, but critics accuse him of supressing his opponents.
According to Human Rights Watch, "Rwanda is a country where it's very dangerous to oppose the government".
Land of safety - or fear? Why Rwanda divides opinion
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