In April, the UK announced that it was collaborating with Rwanda as part of a joint economic and development partnership. The scheme is designed to allay what the Home Secretary Priti Patel has described as the UK’s “broken” asylum system. Over the years, a significant number of individuals have illegally attempted to cross the English Channel, with a view to claiming asylum in the UK; in the process, they may often pass through several safe countries where it would be ordinarily expected that they would lodge applications. Indeed, 4,540 individuals attempted to cross the Channel in the first three months of 2022. Under the scheme, some of these individuals will be flown to Rwanda, where asylum applications will be processed. In the event that these claims are successful, individuals will be permitted to remain in Rwanda, accessing education and support for a period of up to five years. Conversely, unsuccessful applicants may be invited to apply for immigration status through other means. The Rwandan government has agreed to accommodate and process asylum seekers, with the UK providing an initial £120 million to facilitate these arrangements.

The scheme is strongly championed by the Home Office, which views it as a viable solution to human trafficking. At present, migrants who wish to claim asylum in the UK often rely upon human smuggling gangs to facilitate their journey. In the process, organised crime groups may generate considerable profits, enrichening immoral and unlawful enterprises. This is seen as intolerable. It is hoped that the scheme may undermine these organisations by deterring migrants from making crossings - after all, they may not be able to remain in the UK, contrary to their intentions. The Prime Minister has noted that the policy is underpinned by a desire to “stop the business model of criminal gangs who are preying on people moving them across the Channel”. Tom Pursglove, the illegal immigration minister, has further stated that, “people will no longer be able to pay evil smugglers to go to a destination of their choice while passing through safe, sometimes several, safe countries”. Due to the nature of the Channel (it is a major international shipping lane), illegal crossings have often subjected migrants to a considerable degree of danger. Tragically, they have culminated in the loss of life; in late November 2021 for instance, twenty seven individuals drowned in a single day. Hence, there is a need to reduce crossings, something which may be achieved by strongly deterring prospective journeys: “change is needed because people are dying attempting to come to the UK illegally” (Priti Patel, Home Secretary). Rwanda may offer an opportunity to do just that.

Nonetheless, the scheme is proving to be highly contentious. There are concerns that Rwanda may fail to sufficiently safeguard asylum seekers’ human rights; the UN Refugee Agency has speculated that Rwanda is characterised by “deep-rooted structural problems” as well as inconsistent access to legal representation. Moreover, opposition parties argue that the UK may be outsourcing its obligations towards refugees, thereby evading or transferring its responsibilities. Stuart McDonald, SNP home affairs spokesperson, has gone as far as to depict it as a “cash for deportations policy” which is comparable to “state sponsored trafficking and transportation”.

Whilst both the High Court and Court of Appeal have ruled that the first flights can proceed as planned (with a full substantive hearing on the scheme’s legality due next month), the partnership is characterised by considerable controversy. The debate is likely to rage on for many months.

by Dara Foody

Exploring the UK Government's Asylum Agreement with Rwanda