The UK government on Tuesday signed a new treaty with Rwanda which it says addresses the Supreme Court's concerns that blocked the original scheme to fly out illegal migrants to the African nation while their asylum claims are processed.
Home Secretary James Cleverly signed off on the pact with Rwandan Foreign Minister Vincent Biruta during a visit to Kigali and stressed that the treaty addresses the court's concerns with assurances that Rwanda will not remove anybody transferred under the partnership to another country.
He described it as a far more robust agreement than previous proposals for the scheme to tackle illegal migration, deemed unlawful by the highest court in the UK last month.
We feel very strongly that this treaty addresses all the issues raised by their lordships in the Supreme Court and we have worked very closely with our Rwandan partners to ensure that it does so, Cleverly told reporters in the Rwandan capital of Kigali.
We've addressed the issues that were raised by their lordships in this treaty, and that will be reflected in domestic legislation soon because we are absolutely committed to breaking the business model of these people-smuggling gangs, to create a safe and welcoming environment with our friends and partners here in Rwanda, but also making sure that mass migration is well managed into this country, he said.
According to the UK Home Office, the treaty ensures that people relocated to Rwanda are not at risk of being returned to a country where their life or freedom would be threatened, an act known as refoulement and one which was flagged by the Supreme Court.
The new pact also enhances the functions of the independent monitoring committee "to ensure compliance with the obligations in the treaty such as reception conditions, processing of asylum claims, and treatment and support for individuals including up to five years after they have received final determination".
Also, to further bolster assurances that relocated individuals will not be returned, under the treaty, Rwanda's asylum system will be strengthened through a new appeal body.
The Supreme Court recognised that changes may be delivered which would address their conclusions this treaty responds directly to that," added Cleverly.
The Rwanda plan, first tabled by former home secretary Priti Patel and then championed by Suella Braverman, is seen as a key element of the Prime Minister Rishi Sunak led Conservative government's imperative to curb soaring immigration figures. Sunak has made stop the boats of migrants crossing the English Channel into the UK illegally among his top priorities ahead of a general election expected in 2024.
Under the new treaty, the government hopes it would be able to deport illegal migrants to Rwanda where their asylum applications will be processed.
Meanwhile, they would be provided with accommodation and work in the country under the funding arrangement with the UK.
The British government believes its formal treaty and expected emergency legislation provides stronger guarantees than its previous bilateral agreement with Rwanda, countering prospects of further legal challenges. However, it remains to be seen how the scheme would function in practice.
