UNHCR Analysis: UK’s Transfer of Asylum Seekers to Rwanda Violates International Law

The United Nations Refugee Agency (UNHCR) has issued a scathing legal analysis, declaring that the UK’s new Rwanda arrangement for asylum seekers violates international law. This assessment is an update to a previous analysis conducted in June 2022, which also found the deal to be in breach of international refugee law.

The UK-Rwanda Asylum Partnership Treaty, signed in December 2023, and the proposed Safety of Rwanda (Asylum and Immigration) Bill have come under intense scrutiny. The UK government introduced the bill after the UK Supreme Court ruled that the government’s plan to deport asylum seekers to Rwanda was unlawful. Despite this ruling, the House of Commons passed the plan, leading to further criticism from the UNHCR.

The UNHCR’s analysis emphasizes that the partnership between the UK and Rwanda undermines the fundamental principles of global solidarity and responsibility-sharing in the international refugee protection system. It warns that the deal represents an attempt by the UK to shift its international obligations onto Rwanda, putting asylum seekers at risk of refoulement, a violation of the Refugee Convention of 1951.

Furthermore, the UNHCR highlights concerns that the remedies provided by the treaty may not adequately address the risks of refoulement identified by the UK Supreme Court. It stresses the importance of recognizing a person’s refugee status to ensure effective and durable protection in line with international standards.

The UK government’s decision to introduce the Safety of Rwanda Bill, which disappllies key sections of the UK’s Human Rights Act 1998, has faced backlash from both the UNHCR and the Rwandan government. In response to the bill, Rwanda has threatened to withdraw from the treaty if the UK does not adhere to international law.

This latest development underscores the ongoing controversy surrounding the UK’s approach to asylum seekers and raises questions about the government’s commitment to upholding international legal standards in refugee protection.