In an ongoing controversy surrounding the UK’s asylum policy, UK Prime Minister Rishi Sunak recently promised to bring forth emergency legislation along with a new treaty with Rwanda. This comes in response to a Supreme Court ruling that deemed unlawful his flagship policy of sending UK asylum-seekers to Rwanda.
Sunak, outlining his course of action on the social media platform X (formerly Twitter), expressed his intention to “take the extraordinary step of introducing emergency legislation to confirm Rwanda is safe”. He also articulated a willingness to adjust laws and revamp international partnerships if these stood as hindrances in the process. In his words, “This will provide a guarantee in law that those who are relocated from the UK to Rwanda will be protected against removal from Rwanda and it will make clear that we will bring back anyone if ordered to do so by a court.”
The Prime Minister’s plans, however, have faced criticism. Former Justice of the Supreme Court of the United Kingdom, LordJonathan Sumption in an interview with The Independent, reproached attempts to brand Rwanda as a safe country by amending the law, owing to this not being internationally recognized.
“I would have thought it was obvious that the Lord’s is going to be the main focus of opposition and they may throw it out altogether…If the courts are told [by an Act of Parliament] that they’ve got to pretend that Rwanda is safe, whether it is or not, then that will work domestically. But it won’t work internationally. It will still be a breach of the government’s international law obligations.”
The Bar Council Chairman Nick Vineall KC also voiced concerns, asserting that this move “would raise profound and important questions about the respective role of the courts and parliament in countries that subscribe to the Rule of Law”. He stressed that any such proposed legislation necessitated “careful consideration”, according to the Bar Council’s reaction.
The international legal community will closely watch the developments in the wake of the Prime Minister’s promise of emergency legislation and a new treaty with Rwanda to ensure that his policy of relocating asylum-seekers is not halted.