UK Supreme Court Rules Government's Plan to Send Asylum Seekers to Rwanda Unlawful

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The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful. The court found that asylum seekers sent to Rwanda may be at risk of refoulement and cited evidence from the UN refugee agency (UNHCR) that Rwanda does not respect the principle of non-refoulement.

The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful. Upholding an earlier decision by the court of appeal, the supreme court found that asylum seekers sent to Rwanda may be at risk of refoulement – being sent back to a country where they may be persecuted, tortured or killed. The courts cited extensive evidence from the UN refugee agency (UNHCR) that Rwanda does not respect the principle of non-refoulement – a legal obligation.

The UNHCR’s evidence questioned the ability of Rwandan authorities to fairly assess asylum claims. It also raised concerns about human rights violations by Rwandan authorities, including not respecting non-refoulement with other asylum seekers. It is important to note that the supreme court’s decision is not a comment on the political viability of the Rwanda plan, or on the concept of offshoring asylum processes generally. The ruling focused only on the legal principle of non-refoulement, and determined that in this respect, Rwanda is not a “safe third country” to send asylum seekers

 

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