
In July 2023, the Illegal Migration Act 2023 became law. It is controversial because it gives the government power to remove asylum seekers to Rwanda whilst a claim for asylum is outstanding. Read more about the legislation on legislation.gov.uk.
Ample criticism surrounded this controversial piece of legislation and it was subsequently challenged in the courts on the basis of concerns about the safety of Rwanda and the country’s ability to properly assess asylum claims. Ultimately, on 15 November 2023, the Supreme Court found Rwanda to be an unsafe country due to these concerns. It was held that there was a high risk of asylum seekers being subjected to persecution, and potential removal to their unsafe country of origin, rendering removal to be unlawful. https://www.supremecourt.uk/cases/docs/uksc-2023-0093-etc-judgment.pdf.
In response to this decision, and to safeguard the powers contained in the legislation, the government created the Safety of Rwanda (Asylum and Immigration) Bill in December 2023. The bill attempts to rebut the Supreme Court’s findings that Rwanda is in fact an unsafe country. This is evidenced in the Commons Library briefing CBP-9918, as the briefing highlights the rational to be the following:
“prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes, by enabling the removal of persons to the Republic of Rwanda”
https://commonslibrary.parliament.uk/research-briefings/cbp-9918/
The most recent update in relation to this controversial bill is that all three readings were passed in the House of Commons since the government’s initial response in December 2023. Consequently, the first reading was passed in the House of the Lords and most recently the second reading was also passed in the House of Lords on 29 January 2024. Further information and the debate can be found on Hansard.
Next steps:
The bill has now passed to the House of Lords and at the beginning of March the House of Lords voted for five amendments to the bill, including an amendment requiring full compliance with domestic and international law. We wait to see whether the bill will go through as the government wishes or whether there will be amendments to the bill.
The effect of this legislation is to legalise sending asylum seekers to Rwanda to have their asylum claims processed.
Our expert immigration department are happy to provide tailored advice in relation to your specific immigration case.
Take the next step
- Call us on 0131 226 5151