UK Set to Push Through Controversial Asylum-Seeker Deportation Law Despite Legal Challenges

A contentious bill aimed at facilitating the deportation of asylum-seekers from the United Kingdom to Rwanda is anticipated to be enacted into law later this week. However, adversaries are gearing up to mount fresh legal challenges that could potentially impede deportation flights. The bill, intended to circumvent a U.K. Supreme Court impediment on sending migrants to Rwanda, is set to clear Parliament following government efforts to safeguard it from being diluted in the House of Lords.

Central to Prime Minister’s Ambition

The plan to deport asylum-seekers to Rwanda is a crucial component of Prime Minister Rishi Sunak’s commitment to prevent unauthorized migrants from entering the U.K. Sunak has reiterated that the inaugural deportation flights will be operational by June, after encountering considerable delays. A spokesperson for Sunak, Dave Pares, stressed the significance of the bill in rescuing individuals from exploitation by human-trafficking syndicates, stating, "It is clear we cannot continue with the status quo … now is the time to change the equation."

Treaty with Rwanda

The agreement between Britain and Rwanda, which was inked two years ago, outlined the transfer of migrants arriving via the English Channel to Rwanda, where they would be permanently settled. However, this plan has faced legal challenges, and to date, no individuals have been deported to Rwanda under an agreement that has incurred a cost of at least 370 million pounds ($470 million) for the U.K. In November, the U.K. Supreme Court deemed the Rwanda plan unlawful, citing safety concerns for asylum-seekers in the country.

Rwanda's Safety Affirmation

In response to the court ruling, the U.K. and Rwanda entered into a treaty pledging to enhance protections for migrants. The British government contends that this treaty authorizes the enactment of a law designating Rwanda as a safe destination. The Safety of Rwanda Bill, by pronouncing Rwanda as safe, seeks to make it more challenging for migrants to contest deportation and enables the British government to disregard injunctions from the European Court of Human Rights prohibiting removals.

Contentious Legislation

Several quarters, including human rights organizations, refugee charities, senior members of the Church of England, and numerous legal experts, have censured the legislation. In February, a parliamentary rights monitoring body asserted that the Rwanda plan is fundamentally incongruous with the U.K.'s human rights obligations. The bill has garnered approval from the House of Commons, where the Conservatives hold the majority, only to face amendments by the House of Lords aimed at diluting the legislation to ensure compliance with international law.

Parliamentary Tussle

Despite the rejection of the changes by the Commons, the Lords have been unwavering in their stance. The bill is expected to be returned to the Lords by the Commons, marking the commencement of a protracted process known as parliamentary ping pong. Nevertheless, the elected Commons ultimately holds the authority to overrule the unelected Lords. It is believed that once the bill is entrenched as law, it may take several weeks before deportation flights to Rwanda are operational, as individuals earmarked for deportation are likely to file legal appeals.

Migration Statistics

Approximately 30,000 people arrived in the U.K. via small boats in 2023, prompting Sunak to prioritize the reduction of this figure as a key agenda ahead of an impending election later in the year. The number of individuals making this journey in 2024 has already surpassed the corresponding period last year, with 6,000 people having undertaken the voyage, including 534 individuals arriving in 10 boats on a Sunday. In light of these developments, the opposition Labour Party, which leads in opinion polls, has expressed its opposition to the Rwanda plan, asserting that it is not a viable solution. The party has advocated collaboration with other European nations to combat human-trafficking syndicates.