Rishi Sunak's Emergency Law to Declare Rwanda Safe Could Still Be Obstructed by the European Court of Human Rights

Strategic Insights -

Rishi Sunak's emergency law to declare Rwanda safe for asylum seekers faces opposition from Tory rebels, who warn that it may not be enough to prevent legal challenges at the European Court of Human Rights. The Prime Minister announced the emergency legislation on Wednesday, aiming to ensure that his plan to deport illegal migrants to Rwanda can go ahead after the Supreme Court ruled that the country was unsafe. However, rebels are demanding that Mr. Sunak use the new Bill to also introduce "notwithstanding" clauses to prevent illegal migrants from using human rights legislation to block their deportation.

Key Takeaways:

  • The new law declares Rwanda safe for asylum seekers, but Tory rebels warn that this may not be enough to prevent legal challenges at the European Court of Human Rights.
  • The emergency legislation aims to ensure that the plan to deport illegal migrants to Rwanda can go ahead after the Supreme Court ruled that the country was unsafe.
  • Rebels are demanding that Mr. Sunak use the new Bill to also introduce "notwithstanding" clauses to prevent illegal migrants from using human rights legislation to block their deportation.
  • The legislation will create a new treaty with Rwanda, which will be legally binding, and includes a commitment by Rwanda not to remove anyone who is not granted asylum.
  • The draft treaty will be published in "coming days," and it is unlikely to be approved by Parliament before Christmas.
  • Lawyers could still claim that it is incompatible with the European Convention on Human Rights, but this would be a "symbolic" judgment that would not stop individual deportations.
  • Rebel MPs are sceptical that the legislation will be able to fully answer the breadth of criticisms of Rwanda in the Supreme Court judgment.
  • The plans could still get caught up in the courts by lawyers claiming Rwanda remained "unsafe."

Statistics:

  • Over 100 asylum seekers claimed to have been returned to their home country from Rwanda since the first deportation agreement was signed.
  • £140 million has been promised to Rwanda to boost its asylum system.
  • 42 days is the estimated time for the legislative process to pass through the Parliament.
  • A legally binding commitment by Rwanda is required to prevent the deportation of asylum seekers.
  • The UK aims to bring back anyone who is ordered to do so by any court to extinguish the risk of refoulement.

Sources:

  • The Telegraph -
  • Times Radio -
  • Downing Street -
  • Policy Exchange's Judicial Power Project -
  • European Convention on Human Rights -
  • Refugee Convention -