Rwanda-UK Migration Deal: Kigali Counters UK Supreme Court’s ‘Unsafe Third Country’ Claim

The government of Rwanda has made its voice heard following the United Kingdom’s Supreme Court ruling on the Rwanda-UK Migration and Economic Development Partnership, emphasizing that the final decision rests within the UK’s judicial system. Refuting the notion that Rwanda is an unsafe third country for asylum seekers and refugees in terms of refoulement, Yolande Makolo, the government’s spokesperson, stated this on November 15.

The UK’s highest court declared the plan unlawful, citing “substantial grounds for believing that asylum seekers would face a real risk of ill-treatment by reason of refoulement to their country of origin if they were removed to Rwanda.” Refoulement refers to the forcible return of refugees or asylum seekers to a country where they may face persecution.

The migration and economic development partnership, inked in 2022 between Rwanda and the UK, pertains to all migrants and asylum seekers who arrived in the UK illegally from January 1, 2022, with the aim of relocating them to Rwanda, where they will be “empowered through different initiatives.”

Despite going through several court hearings, including the recent one in the Supreme Court, filed by the UK Home Secretary as an appeal against the lower court’s decision not in favor of the plan, the deal faced legal scrutiny.

In delivering the ruling, Lord Robert John Reed, the President of the UK’s Supreme Court, announced that the court unanimously dismissed the Home Secretary’s appeal, upholding the Court of Appeal’s conclusion that the Rwanda policy was unlawful.

Makolo reiterated Rwanda’s commitment to its international obligations, emphasizing the country’s efforts in working with the UK to ensure the integration of relocated asylum seekers into Rwandan society. She also highlighted Rwanda’s recognition by the UNHCR and other international institutions for its commendable treatment of refugees.

The partnership was termed by Rwanda as “a bold new partnership” addressing the global migration crisis with incentive structures deemed to empower criminal gangs and jeopardize innocent lives, as the UK Supreme Court expressed concerns regarding the adequacy of proper asylum claim determinations and the potential risks asylum seekers may face upon being returned to their country of origin.

According to the United Nations, more than 2,500 migrants died or went missing this year while attempting to cross the Mediterranean Sea to reach Europe. This context further underscores the significance and intricacies of migration policies and agreements.

As the legal saga unfolds, the implications and complexities of migration dynamics continue to be at the forefront, raising crucial questions and deliberations in the global discourse on migration governance and human rights.

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