The British Parliament building in London
Following the passage of the Rwanda Security (Asylum and Migrant) Bill by the UK Parliament today, UNHCR and OHCHR simultaneously warned that the bill would have a detrimental impact on global burden-sharing, human rights and refugee protection.
In a joint statement, UNHCR Grandi and High Commissioner for Human Rights Türk called on the UK Government to reconsider its plans to transfer asylum seekers to Rwanda and instead take practical steps to address irregular movements of refugees and migrants on the basis of international cooperation and respect for international human rights law.
Restrictions on refugees
Since 2022, the UK has introduced a series of laws that gradually restrict refugees, including prohibiting refugees who arrive in the UK illegally through a third country from obtaining asylum or other forms of residence permits.
Last year, the UK's Supreme Court ruled that the proposal to transfer asylum seekers to Rwanda violated international law and UK law, noting that the proposal was flawed in its recognition of individual asylum claims. Subsequently, the Rwanda Security (Asylum and Immigration) Bill and the UK-Rwanda Asylum Partnership Treaty were introduced to Parliament, but in practice did not close the loopholes pointed out by the Supreme Court.
Once the Rwanda Security (Asylum and Immigration) Act is implemented, asylum seekers will be immediately sent to Rwanda and apply for asylum and will not be able to return to the UK in the future, including those with children. It would also significantly limit asylum seekers' ability to challenge or appeal deportation decisions, requiring policymakers and judges to treat Rwanda as a "safe" country to protect asylum seekers. This is all the more worrying given that the legislation explicitly authorizes the UK government to ignore any protective interim remedies of the European Court of Human Rights.
Dangerous precedent
"The new bill marks a further departure from the UK's long tradition of providing asylum to those in need in breach of the Refugee Convention," Grandi said. Not just neighbours in crisis areas, all countries need to live up to their obligations to protect refugees. The UK's attempt to shift responsibility for the protection of refugees and undermine international cooperation has set a worrying global precedent. ”
"This new legislation shifts responsibility for refugees, weakens the ability of UK courts to review deportation decisions, restricts access to legal remedies in the UK, and the scope of domestic and international human rights protections for specific groups of people, severely hampers the rule of law in the UK and sets a dangerous precedent globally," Türk added. ”
A real solution
The statement noted that irregular movements of refugees and migrants often occur in dangerous situations and that there are real challenges. At the same time, however, they are concerned that the legislation will facilitate the transfer of refugees under the UK-Rwandan asylum partnership, without taking into account their individual circumstances or any protection risks. The experts called on the UK to work pragmatically with countries along the route of refugees and migrants to strengthen protection and provide real alternatives, including providing more safe and formal access to protection.
"In order to protect the human rights and dignity of refugees and migrants, it is vital that all action taken to remove them from the UK is carried out in strict compliance with international human rights law and refugee law, and after an assessment of their specific individual circumstances," Türk added. ”
Grandi believes that the UK has a proud history of effective, independent judicial review. The UK can still do the right thing to help address the drivers who drive people from their homes, and share the responsibility with Europe and other international partners to protect those in need.
The statement stressed that a fair, efficient and well-managed immigration and asylum system is key to ensuring that those in need of protection are protected and those who do not have a legitimate reason for residence can return home.
