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United Kingdom: what changes the validation of the High Court for the deportations of asylum seekers to Rwanda

2022-12-21T12:12:04.763Z


FOCUS - The partnership between Kigali and London for the return to Rwanda of migrants who entered illegally on British soil is now considered legal.


It is a victory for the British government.

The United Kingdom received the green light on Tuesday, December 20 from the British High Court, which ruled legal deportations to Rwanda of asylum seekers who arrived illegally in the country.

Led by Boris Johnson and included in the British government's "immigration plan", this project aimed to expel asylum seekers who arrived illegally in the United Kingdom, by sending them back to Rwanda.

The objective of such a measure, now validated by the High Court, is to fight first against illegal crossings of the Channel, which are constantly increasing, and to keep one of the promises of Brexit: to fight against illegal immigration. .

£120m on the table

A more than controversial project, whose genesis dates back to last April.

London had concluded a migrant relocation agreement with Kigali on April 14, putting on the table 120 million pounds sterling, and the promise of subsequent payments depending on the number of support.

This partnership for migration and economic development provides that those whose asylum application is accepted will remain in Rwanda, while those whose application is rejected can "

leave voluntarily, obtain another type of status in Rwanda, be returned to their country of origin or in another country where they will be legally admitted

".

However, no expulsion could take place.

A first flight carrying 37 migrants on board was due to leave last June.

Seized by multiple refugee organizations, the European Court of Human Rights had then reduced the number of refugees eligible for departure with temporary emergency measures... to finally derail the take-off, and nail the plane on the ground.

European justice then asked British justice to decide on the legality of this bill, following appeals from migrant aid associations, such as Care4Calais, Detention Action, or Asylum Aid.

Read alsoIs the United Kingdom breaking international law by relocating its asylum requests to Rwanda?

It is now done.

"

The lesson of this decision is doubled

", explains William Julie, lawyer and specialist in international criminal law.

The British High Court therefore validates the principle of the agreement with Rwanda, and the British government will now be able to sign relocation agreements for migrant asylum seekers with foreign states

”.

However, the High Court considered that the Ministry of the Interior had not examined "

properly

" the particular cases of the eight migrants who opposed an appeal to their departure in June, "

which opens the way on a case-by-case basis

" .

, comments William Julie.

In practice, the consequences of these decisions play out on two counts.

First, the decision of the High Court can be appealed for 21 days

, explains the lawyer.

Which means that it is not yet final

.

At the same time, even if this decision became final, “

and even if the applicants did not appeal

”, the expulsion could not take place because the government must re-examine the case of the eight applicants.

These evictions will not be immediate.

In summary, the planes to Rwanda will not take off tomorrow

,” he concludes.

Individual appeals

From now

on, continues Ingrid Betton, lawyer in international criminal law,

the European Court of Human Rights can only oppose these relocations of migrants on an individual level.

These appeals to European justice made by the asylum seeker could be made on the basis of a potential violation of the European Convention on Human Rights, in particular Article 3, which indicates that "

no one may be subjected to torture or to inhuman or degrading treatment or punishment

”.

In fact

, explains Ingrid Betton

, if Rwanda sent asylum seekers back to dangerous countries, knowing moreover that Rwanda is not exemplary in terms of respect for human rights, migrants could appeal to this article

”.

Reactions to this measure are not lacking.

Kigali "

welcomes this decision

" and says it is "

ready to offer asylum seekers and migrants the opportunity to build a new life in Rwanda

".

The Care4Calais association is critical: “

The Rwandan plan will not put an end to crossings in small boats and will not guarantee the safety of refugees.

There is a softer and more effective solution: to give safe passage to refugees in Calais.

»

Source: lefigaro

All news articles on 2022-12-21

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