The Supreme Court did not express a conclusive view about the risk of Article 3 ill treatment of relocated individuals in Rwanda itself (aside from the risk of refoulement). That issue was not the subject of detailed argument at the hearing of the appeal, and in the light of its conclusion on the refoulement issue, the Supreme Court considered that it was unnecessary for them to determine it. As such, the High Court’s determination the Rwanda was, in general, safe for individuals removed under the MEDP was not disturbed. However, the Supreme Court did find that individuals removed under the policy were at real risk of onward refoulement due to deficiencies in Rwanda’s asylum system.

An Evidence Pack is published alongside the bill, which details the evidence HMG has used to inform their assessment on the safety of Rwanda.  It concludes that, alongside the treaty, Rwanda is safe for the purposes of asylum processing, and the Policy Statement outlines the key findings.

Since the MEDP was announced, the UK and Rwanda have worked closely to ensure that individuals relocated under the agreement will be safe and that their rights will be protected.  With the treaty, the principles for the treatment of all Relocated Individuals are confirmed in an internationally binding agreement, whilst the strengthened monitoring mechanisms ensure practical delivery against the obligations.  For example, individuals will not be at any risk of destitution as they will be accommodated and supported and will have access to integration packages so that they can study and work.  They will also have full access to free healthcare.

The overarching purpose of this bill is to deter dangerous and illegal journeys to the United Kingdom, which are putting people’s lives at risk, and to disrupt the business model of people smugglers who are exploiting vulnerable people.

Last year (to 10 December 2023), 29,090 people have arrived in the UK by small boat. This compares to around 44,600 at the same point in 2022 - a fall of around a third, but we need to do more to fully resolve the problem and stop the business of smugglers and traffickers.

The small boats problem is part of a larger global migration crisis, but one that this government is committed to tackling, including with international partners.  The Migration Economic Development Partnership (MEDP) with the Government of Rwanda is one part of our wider programme of work to stop the boats.

The MEDP will not only act as a strong deterrent but also demonstrate that it is not necessary to take dangerous and unnecessary journeys to find safety as promoted by smugglers.

On 15 November 2023, the Supreme Court concluded that deficiencies in the Government of Rwanda’s arrangements for determining asylum claims could lead to risks of refoulement.

The Home Secretary made a statement to Parliament that in response to the conclusion of the Supreme Court, a new treaty between the UK and Rwanda would be finalised containing assurances about the adequacy of the Rwandan asylum process and a provision that reinforces the principle of non-refoulement – a key issue identified by the Supreme Court. The Prime Minister also announced that the UK Government would introduce new legislation to enable Parliament to confirm that, with the new treaty, Rwanda is a safe country.

The Safety of Rwanda (Asylum and Immigration) Bill responds to the Supreme Court’s concerns and will allow Parliament to confirm the status of the Republic of Rwanda as a safe third country, thereby enabling the removal of persons who arrive in the United Kingdom (UK) under the Immigration Acts.

The bill:

• confirms that Rwanda is a safe third country for the purposes of removing individuals to Rwanda
• confirms that Rwanda has agreed to fulfil its obligations under the UK’s treaty with Rwanda UK-Rwanda treaty: provision of an asylum partnership (accessible) - GOV.UK (www.gov.uk)
• makes clear the very limited scope for individuals to challenge their removal to Rwanda
• applies in its entirety on a UK-wide basis, including in Northern Ireland

This bill builds on the objectives set out in the Illegal Migration Act 2023, Nationality and Borders Act 2022, and the measures set out in the New Plan for Immigration, as part of a wider strategy to tackle illegal migration.

The treaty sets out the international legal commitments that the UK and Rwandan governments have made consistent with their shared standards associated with asylum and refugee protection. It also commits both governments to deliver against key legal assurances in response to the UK Supreme Court conclusions.

Information regarding the improvements made is set out in a detailed evidence pack which represents a material update to the factual picture considered by the courts.