Siobhan Robertson
In the months leading up to Refugee Week in June, the UK partnership with Rwanda has affected the lives of asylum seekers hoping to find safety in the UK. As we come to the end of Refugee week, the introduction of the Bill of Rights has left asylum seekers’ futures even more uncertain.
Migration and Economic Development Partnership
On 14th April, Prime Minister Boris Johnson announced the Migration and Economic Development Partnership with Rwanda. Anyone illegally entering the UK, from the beginning of 2022 and onwards, could be sent to Rwanda. In response, UNHCR, The UN Refugee Agency said “People fleeing war, conflict and persecution deserve compassion and empathy. They should not be traded like commodities and transferred abroad for processing.”
At the beginning of June, Home Secretary Priti Patel described the partnership as “a world-leading partnership” which will “overhaul the broken asylum seeker system and break the evil people smugglers’ business model”. Despite staff members’ concerns over the plan being unethical, the Home Office issued deportation letters to the people who were to be sent to Rwanda.
Care4Calais
“We share these stories in the hope that each one will light another little flame of empathy, and that eventually, the world will understand.” – Care4Calais
Care4Calais, a charity supporting asylum seekers and refugees, has been working with 113 of the asylum seekers who received letters. The charity offers direct aid, access to legal support, advocacy and social support. V
olunteers share stories of the people they are working with on Care4Calais’s social media accounts. Each story is a heartbreaking account of a life left behind and a traumatic journey to the UK. They offer a glimpse at real people hoping to find some peace in what they thought was a safe place. “We share these stories in the hope that each one will light another little flame of empathy, and that eventually, the world will understand.”
"I have been through a lot in my life, I have lost so much and I have no one left. No family, no relatives, no one. There is no one to listen to me. But Care4Calais do." Abel thought he had found safety in the UK – but it didn't last long https://t.co/LOSHPMbnVI pic.twitter.com/vuiF9EYedK
— Care4Calais (@Care4Calais) June 27, 2022
The charity has shared concerns for the asylum seekers’ welfare, describing them as scared and in shock. They have reported late-night calls and messages offering support to people who are suicidal and struggling with trauma triggered by the threat of deportation.
High Court appeal to block Rwanda flight
On 10th June, Care4Calais attended the High Court with four other services: Detention Action, which supports people in immigration detention, the Public and Commercial Services Union (PCS), attending on behalf of their Home Office members, and Duncan Lewis Solicitors. They applied for an injunction to ensure no one would be sent to Rwanda prior to the July 19th hearing, where a decision will be made on whether the Rwanda plan is lawful.
The UNHCR submitted an analysis of the Rwanda plan to the court which stated that they believe it to be unlawful and that asylum seekers would be unlikely to receive a fair hearing in Rwanda. The High Court judge denied the injunction to stop the deportation flight. He said each individual’s case should be considered, rather than placing a blanket ban on the whole flight. Permission to appeal was granted for four days time.
On 14th June, the Court of Appeal rejected the Rwanda injunction appeal. The decision was made that the deportation flight could still go ahead as asylum seekers could return if the policy was later found to be unlawful.
Home Office data shows that 77 per cent of the asylum seekers who have crossed the Channel would likely be allowed to continue living in the UK if they were assessed, indicating that a large number of those deported would be allowed to return. However, Care4Calais felt that expecting people to go to Rwanda and then return would cause further harm. “Flying such people to any distant and unfamiliar country, let alone one with a poor human rights record and an ongoing armed conflict, will cause extreme trauma.”
With seven men still due to fly to Rwanda, the European Court of Human Rights issued orders to stop the deportation of three of them. The other four men’s claims were granted by British courts. Minutes before the flight was due to leave, airport security celebrated as the 10.30 pm flight was halted and the men were allowed to leave the plane.
Under Rule 39 of the European Court of Human Rights Rules of Court, interim measures can be granted to any State Party when the applicants would otherwise risk irreversible harm. Four main reasons enabled them to make their decision. This included the UNHCR’s evidence on access to fair hearings in Rwanda and the UK Courts’ acknowledgement of this being a serious issue. Further reasons include possible difficulties arising due to Rwanda not being a part of the European Convention on Human Rights and the lack of certainty over the return of asylum seekers if the policy was found to be unlawful.
Bill of Rights
“The recent European Court ruling, which brought great relief to asylum seekers and those fighting for their rights, could be ignored if the Bill of Rights continues on this path.”
On 22nd June, Deputy Prime Minister and Secretary of State Dominic Raab introduced the Bill of Rights to parliament. If passed, it will replace the Human Rights Act. The bill will ensure the UK Supreme Court is the ultimate judicial decision-maker on human rights issues. This will mean that UK courts will not need to follow the decisions of the European Court of Human Rights.
The recent European Court ruling, which brought great relief to asylum seekers and those fighting for their rights, could be ignored if the Bill of Rights continues on this path. Future rulings of a similar nature could also be affected.
Sacha Deshmukh, Amnesty International UK’s CEO, said: “Ripping up the Human Rights Act means the public is being stripped of its most powerful tool to challenge wrongdoing by the Government and other public bodies. This is not about tinkering with rights, it’s about removing them.”
On 26th June, Refugee Week came to an end. A week celebrating the contributions, creativity and resilience of those who have sought sanctuary in the UK was also filled with worry and fear. It seems that there is a long way to go before we can reach any conclusion on the Rwanda Partnership and the effects the Bill of Rights will have on the futures of refugees.
Featured image courtesy of Jason Blackeye on Unsplash. Image license found here. No changes were made to this image.
Siobhan R
Siobhan is a Scottish Freelance Journalist and one of Empoword’s Social Media Managers. Siobhan writes about a range of social justice issues, with a particular focus on domestic abuse, addiction and disability. Through writing, she aims to help people understand each other's experiences, sharing the difficulties they are living through and exploring what can be done to make a difference.