What was the UK's plan to send asylum seekers to Rwanda?

LONDON, England

The United Kingdom government wanted to send some asylum seekers to Rwanda, but the policy has been ruled unlawful by the Supreme Court.

The Court said there was a risk that any asylum seeker sent there could be returned to their home country, which would breach UK and international human rights laws.

The five-year trial - announced in April 2022 - would have seen some asylum seekers sent to Rwanda to claim asylum there.

Under the plan, they might have been granted refugee status to stay in Rwanda. If not, they could have applied to settle there on other grounds, or sought asylum in another "safe third country".

No asylum seeker has actually been sent to Rwanda. The first flight was scheduled to go in June 2022, but was cancelled after legal challenges.

The government said the policy would deter people arriving in the UK through "illegal, dangerous or unnecessary methods", such as on small boats which cross the English Channel.

More than 45,700 people used this route to come to the UK in 2022, the highest figure since records began.

As of 13 November, the number of small boat crossings in 2023 was a third lower than at the same point the year before, however it is not possible to say if the drop is the result of government migration policies.

In October, shadow immigration minister Stephen Kinnock said the weather had been partly responsible for the fall in numbers, claiming that 2023 was "the wettest summer since 1912".

The UK Supreme Court ruled unanimously that the Rwanda scheme is unlawful.

In their ruling, the five top justices said the Court of Appeal had been right to conclude in June that there had not been a proper assessment of whether Rwanda was a safe country for asylum seekers.

Lord Reed, the Court president, said there was strong evidence to believe that genuine refugees sent to the country could be at risk of being returned to their home countries - where they could face persecution.

This breaches part of the European Convention on Human Rights (ECHR) which prohibits torture and inhuman treatment. The UK is a signatory to the ECHR.

The Supreme Court judges also cited Rwanda's poor human rights record, and its past treatment of refugees as a factor in its decision.

In response, Prime Minister Rishi Sunak said he remains "completely committed to stopping the boats".

He told MPs in the House of Commons that the government was in talks with Rwanda about a new treaty, and was "prepared to change our laws" if necessary.

The Rwandan government said it "takes issue" with the ruling that it is not a safe third country for asylum seekers.

"We take our humanitarian responsibilities seriously, and will continue to live up to them," it added.

It was not clear how many asylum seekers could have been sent to Rwanda.

The government previously said "anyone entering the UK illegally" after 1 January 2022 could be sent, with no limit on numbers.

Under the deal, Rwanda could also have asked the UK to take in some of its most vulnerable refugees.