Firstly, the United Kingdom has a proud history of supporting those in need of protection. Our resettlement programmes have provided safe and legal routes to better futures for hundreds of thousands of people from across the globe including individuals from Hong Kong, Syria, Afghanistan, and Ukraine.
However, the Government is clear, people should claim asylum in the first safe country they arrive in. We must ensure dangerous journeys are not incentivised and the Government has taken action to deter illegal migration to UK through the Nationality and Borders Act. It is sensible and correct not to rule out any option that could help reduce the illegal migration and relieve the pressure on the asylum system.
The Nationality and Borders Act amends Section 77 of the Nationality, Immigration, and Asylum Act 2002 in order to make it easier to remove someone with a pending asylum claim to a safe third country. This means it is possible to remove someone to a safe third country whilst their asylum claim is pending, provided that removal is in line with the UK’s international obligations and the country an individual is being removed to meets the safety criteria set out in the legislation.
‘Safe’ in this context means the removal of an individual would not breach the UK’s obligations under the Refugee Convention or under Article 3 of the European Convention on Human Rights (ECHR), including that they will not be sent onwards to another country in circumstances where this would be in contravention of the Refugee Convention or Article 3 of the ECHR.
To be absolutely clear, this legislation does not allow the Government to act in a way which is contrary to their fundamental human rights. Its purpose is to manage the UK’s asylum intake and, alongside the suite of other measures included in the Act, deter unwanted behaviours such as irregular migration and clandestine entry to the UK.
As a result of the UK's Migration and Economic Development Partnership with Rwanda, people who enter the UK illegally may have their asylum claim considered in Rwanda (not in the UK), with a view to receiving the protection they need there if their claim is successful.
The UK is investing £120 million into Rwandan economic development and growth, with funding also provided to help deliver asylum operations, similar to the costs incurred in the UK. Rwanda has one of the fast-growing economies and enterprise cultures, with growing trade links with the UK, which this scheme will complement as part of our Global Britain agenda.
Under this agreement, Rwanda will process claims in accordance with the UN Refugee Convention, national and international human rights laws, and will ensure their protection from inhuman and degrading treatment or being returned to the place they originally fled.
People will have support and care, meeting their needs as their asylum claims are processed and considered in Rwanda. This includes safe and clean accommodation, food, healthcare, amenities, recreation. They will have full access to translators and will be able to access legal support to appeal decisions in Rwanda’s courts. They will not be detained. If successful in being granted refugee status, people will be given full rights in Rwanda and will be helped to fully integrate with a five-year package of training and support.
Finally, combined with asylum reforms and legal changes through the Nationality and Borders Act, these new measures will deter illegal entry into the UK. In doing so it will help break up criminal smuggling gangs, protect the lives of those they endanger, ensure continued support for the truly vulnerable, and enhance our ability to remove those with no right to be in the UK.