The Rwanda plan has garnered significant attention in recent news after the Safety of Rwanda (Asylum and Immigration) Act received royal assent. Our recent work with local authorities and agencies has highlighted that there is a need to clarify professionals’ understanding of the implications that the plan has for asylum seekers. Therefore, we have written this post to summarise the incoming legislation.
You may remember The Illegal Migration Act (2023), which places a DUTY on the Home Office to remove anyone who they deem “inadmissible” using the following 4 criteria:
• They entered the United Kingdom through irregular routes
• They arrived after 20th July 2023
• They did not arrive directly from a country where their life was threatened
• They require leave to enter but do not have this.
If you want to read more about The Illegal Migration Act, we have written a guide to support you.
The Rwanda Plan is closely linked with this and has been devised to allow the UK government to send individuals to Rwanda rather than have their asylum claims processed in the United Kingdom. This plan has received a lot of criticism from solicitors, human rights agencies, NGOs and the Supreme Court, resulting in the creation of The Safety of Rwanda (Asylum and Immigration) Act in response, it:
• confirms that Rwanda is a safe third country for the purposes of removing people
• confirms that Rwanda has agreed to fulfil its obligations in a treaty with the UK
• provides limited scope for individuals to challenge their removal to Rwanda
• applies in its entirety to the whole of the UK.
1. Removal to Rwanda: The Safety of Rwanda (Asylum and Immigration) Bill will provide a legal route for the removal of any adult deemed to be inadmissible from the UK to Rwanda. Their asylum claim will be heard within the Rwandan legal system, and they will be unable to return to the UK.
In practice: we need to consider how we can prepare adult clients for this, to ensure that they are promptly accessing legal advice, they understand their rights and have appropriate support in place from a multi-agency network:
2. Safety Planning: As clients become increasingly worried about the prospect of their removal to Rwanda, there will likely be an increase in people going missing to avoid being caught by the Home Office.
In practice: we need to focus on safety planning with our clients, the same as we do for those who become ARE (appeals rights exhausted).
If they do decide to go missing and disengage from formal services, we must ensure that they have information available to them, to help them identify appropriate support agencies that are not bound by the same restrictions as Local Authorities.
3. Detention: The Illegal Migration Act (2023) makes clear that there will be limited exception for those who may be victims of modern-day slavery or trafficking, therefore, it is highly likely The Rwanda Plan will follow suit. It also allows for continued indefinite detention with no right to appeal for at least 28 days. With the prospect of Rwanda being their destination for removal, there is a strong possibility that the detention of our clients will increase.
In practice: Safety planning will be key to ensure that clients are aware of their rights, how to be prepared, what to do if they are detained and who to contact following detention.
We highly recommend that you read the Right to Remain toolkit.
• Start plotting your client population, to understand who could be affected by The Rwanda Plan.
• Early identification of risk factors – certain clients will be at a greater risk, including those who may have been victims of trafficking or modern-day slavery, therefore, identify potential support services.
• In advance, link in with the NGOs and charitable agencies so that you are aware of the services that they offer and the support they can provide to your clients.
• Ensure that your clients have access to sound legal advice.
If you need help with your resources to prepare clients for destitution, please do get in touch.
Author: Sarah Edwards
Practice Lead for ISWS Ltd
