On May 13, 2024, the UK Home Office made a significant change by expanding its policy to include all failed asylum seekers in the Rwanda deportation scheme. This decision has sparked a heated debate nationwide, shedding light on the continuing difficulties and circumstances faced by these individuals under the new legal framework.
Background and Policy Overview
The government’s strategy to reduce illegal migration includes several legislative measures, such as the Nationality and Borders Act 2022, the Illegal Migration Act 2023, and the Safety of Rwanda Act 2024. These laws aim to discourage illegal and dangerous migration routes by collaborating with Rwanda to handle the deportation of unsuccessful asylum seekers. Although the Supreme Court initially found such policies unlawful in AAA (Syria) & ors v Secretary of State for the Home Department (2023), adjustments were made to comply with legal standards, resulting in a binding treaty with Rwanda to ensure better protections for those who are relocated.
Eligibility and Deportation Process
Failed asylum seekers, meaning those whose applications for protection or human rights claims have been refused or withdrawn without pending appeals, are now designated for removal. This is based on the UK-Rwanda treaty, which ensures that Rwanda will grant permanent residence permits to these individuals. This treaty and related acts designate Rwanda as a presumptively safe third country, placing the burden on claimants to provide compelling evidence to the contrary based on their personal circumstances.
Human Rights Considerations and Evidence Evaluation
The legislation permits the evaluation of claims stating that Rwanda is unsafe on a case-by-case basis. Decision-makers are responsible for assessing significant and specific evidence, such as medical reports and expert testimonies, to establish the validity and seriousness of such claims. Furthermore, human rights issues, particularly those related to the European Convention on Human Rights (ECHR) — including the risk of torture and impacts on private and family life — are thoroughly examined.
Concerns Over Health and Well-being
The policy thoroughly addresses the potential risks of suicide and self-harm among deportees by requiring comprehensive assessments at various stages of the deportation process. These evaluations focus on the available support systems in both the UK and Rwanda, aiming to reduce these risks through adequate medical and psychological support.
Family and Private Life Claims
Article 8 claims, which consider the right to family and private life, require in-depth analysis to ensure they are not unfounded. Special attention is given to claims involving children, particularly British citizens or those who have spent a significant portion of their lives in the UK, to safeguard their best interests.
The expansion of the Rwanda deportation scheme is a testament to the UK government’s strict stance on illegal migration. It underscores the necessity for detailed consideration of each case, ensuring that all legal and human rights standards are upheld. As this policy continues to evolve, it will be crucial to monitor its implementation closely to protect the rights and well-being of all involved.
If anyone is facing similar challenges, or fears deportation to Rwanda following a failed asylum application, it is crucial to seek professional legal assistance. GigaLegal Solicitors is committed to supporting those affected by this policy. Contact us to discuss how we can help protect your rights and provide the necessary support during these trying times.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.