Understanding the implications of UK's Rwanda removal policy: Legal insights and risks
Written by Andre Minnaar, partner and head of immigration Law at Sydney Mitchell
Since May 2022, the Home Office has issued thousands of foreign migrants who want to claim asylum with a notice of intent, referring to making inadmissibility decisions, thereby refusing to accept their asylum claims, pending removal to a safe country like Rwanda.
More than two years later, many are still waiting for decisions about their future, leaving them in a state of limbo, unable to claim asylum and left with no hope, no future or any dignity.
Fast forward to the recent decision by the authorities to declare Rwanda safe despite the Supreme court’s clear decision based on fact that it was not safe, the Home Office now plans to send those with inadmissibility decisions to Rwanda.
Despite the news coverage of a single claimant having accepted a £3000.00 award in accordance with the Home Office Voluntary Return Scheme to go to Rwanda, no flight has taken off and no flights can take off soon either as so called “lefty lawyers” who are simply doing their job protecting human rights, have already lodged legal proceedings against the legality of the process.
And even if some flights do get off the ground, all evidence points to the fact that only a few hundred could be sent and of those few hundred, any committing a crime, will be sent back to the UK.
The question remains, will this cruel and inhumane system, really deter those who are desperate to be safe, who may have valid reason for choosing to come to the UK, despite risking their lives?
Taking an example of a person unlucky enough to be born in a place like Eritrea, where lifelong military conscription in the most brutal way, is the order of the day, where those who disobey, receive harsh sentences with hard labour, held in underground prison bunkers, and where many vanish overnight never to be heard of again.
The Eritrean government has a shoot to kill policy for anyone trying to escape the country or crossing the border. It is often the case that those who receive their conscription papers, will risk their lives crossing the border by foot, even if it meant being shot at and killed, as that will be better than lifelong military conscription for little reward and facing very hard conditions.
Imagine, you had been dealt such a very unlucky hand and have so little to live for that you are willing to take the risk being shot or worse being captured and sentenced to life long prison and or torture.
Imagine. you lost all your family as a result of the very hard conditions of life in Eritrea and you manage to escape military conscription and cross the border into a neighbouring country, where you remain very exposed to the imminent danger of being captured by the host authorities and returned to Eritrean soldiers, themselves present in the neighbouring countries, searching for escapees.
Then whilst in hiding, discovered that a sibling or parent has actually managed to successfully escape and received refugee status in the UK.
Imagine, the joy of finally being able to be reunited and be safe in a country which has a reputation for upholding human rights.
Or take another example of a gay man from Cameroon, or Tanzania or more or less from most African countries, who fled persecution from the authorities, police and society alike because of his homosexuality.
In most African countries it is illegal to be gay and could lead to long periods of imprisonment, if you manage to survive mob violence, purely for loving someone of the same sex, an immutable and innate characteristic you cannot change.
The Government has talked about a requirement to arrive via a safe route? And what are those? Currently there is the notoriously inefficient and very frustrating Afghanistan resettlement program, where most families have been turned away and receive rejection after rejection, the Hong Kong route and Ukrainian schemes.
No safe routes exist for most of the most dangerous places on earth. Their only route is by way of illegal smuggling on a dangerous route, but if you are already faced with unimaginable horror and risk to life, would the prospect of being reunited with a loved one in a place of safety really deter you from trying your luck? And would the prospect of a possible return to Rwanda put you off?
What we know of the scheme so far?
In April 2024, the UK government passed the Safety of Rwanda Bill, which now allows the Government to proceed with sending asylum seekers to Rwanda, where their asylum claims will be considered.
The Government can send anyone that meets the below 3 criteria:
- Anyone who arrived without a visa and claimed asylum on or after 1 Jan 2022 AND
- Came on a dangerous journey and passed through another country where they could have claimed asylum AND
- Has not yet had an interview or questionnaire and or decision.
The only claimants excluded from being removed, are:
- Children
- Families
- Rwandan nationals
Sydney Micthell has a large asylum client base, many who are in the LGBTQI+ community and is deeply concerned for many facing removal and amongst others, the LGBTQI+ community who despite homosexuality being claimed to be “legal” in Rwanda, will face huge societal discrimination, harassment and a lack of protection, based in deep rooted homophobia.
Human Rights Watch reports of widespread evidence of ill-treatment and abuse faced by LGBTQI+ people in Rwanda.
According to evidence by the UNHCR submitted to the Home Office, LGBTQ+ asylum seekers in Rwanda have been given immediate verbal rejections by officials responsible for registering applications, who said it “is not the place for them, or Rwanda does not deal with such issues”.
If you or anyone you know receive a letter of inadmissibility to claim asylum or a letter of intent that you may be removed to a safe third country, like Rwanda, you must take legal advice immediately.
We may be able to challenge your removal based on personal grounds why you as an individual will face a real and imminent risk of serious harm if you were to send to Rwanda.
Please speak to Andre Minnaar, Partner and Head of Immigration Law at Sydney Mitchell on [email protected] or 080816688