Rwanda bill: Britain has passed controversial legislation to send asylum seekers to East Africa after two years of challenges.

CNN —

Britain's parliament has finally passed a controversial bill that would allow the government to send asylum seekers to Rwanda so their claims can be considered by the East African country.

Chancellor Rishi Sunak's efforts have been caught between opposition in parliament and a challenge in the UK courts as lawmakers and activists seek to invalidate the legislation on human rights grounds.

Sunak's failure to implement the policy has caused considerable embarrassment, as the UK government has sent millions of pounds to Rwanda to fund the scheme, but so far no results have been achieved.

It is designed to stop irregular migration to the UK, particularly those organized by criminal gangs and traveling from France in illegal and dangerous small boats.

In theory, the bill would see some UK landings sent to Rwanda to have their asylum claims considered. If their claims are accepted, they will remain in Rwanda. It states that if the bill is rejected, people cannot be deported from Rwanda to anywhere other than the UK, but it is unclear what would ultimately happen in this scenario.

The failure of any deportations to take place two years after the plan was first conceived was seen as a major failure by Sunak, who had previously made tacking out small boats a key priority.

Last year, the UK Supreme Court ruled that the policy was unlawful because there were significant grounds to believe that asylum seekers would be at risk of being forcibly returned to their home country and subject to abuse if deported to Rwanda.

Refoulement is the practice of forcibly returning asylum seekers or refugees to a location where they may face persecution or danger, contrary to important principles of international human rights law.

The judge also found that Rwanda's asylum system, poor human rights record and failure to comply with previous non-refoulement agreements meant the UK government could not be confident that asylum seekers' applications would be safely and appropriately considered.

They also pointed out that as recently as 2021, the UK government had condemned extrajudicial killings, deaths in custody, enforced disappearances and torture in Rwanda.

The government introduced the Safe Rwanda (Asylum and Immigration) Bill in January this year, effectively enshrining in UK law that Rwanda is a safe country and ignoring the judges' concerns.

Home Secretary James Cleverly said in a video posted by

He added that the bill would prevent people from abusing the law by using false human rights claims to block removal. And he added that the British Parliament is sovereign, giving the government the power to reject temporary blocking measures imposed by the European Court.

Even if the bill is passed, the government is likely to face legal challenges at the European Court of Human Rights as the UK is still a signatory to the European Convention on Human Rights. The European Court has previously banned sending asylum seekers to Rwanda.

The bill has been delayed for a long time due to attempts to amend it. Legislation from the two parts of the British Parliament, the House of Commons and the House of Lords, took place over several months in a process colloquially known as ping-pong. Every time the House of Lords changes a bill, the House of Commons, where Sunak holds a majority, must vote to remove it.

Passing the bill is not necessarily a major political victory for Sunak. Even if the policy stopped all the small boat crossings that Sunak says he wants to prevent, it would still have little impact in terms of the UK's net migration figures. The number of people arriving by small boat in 2022 was 45,744, according to the Migration Observatory at the University of Oxford. Net migration that same year was 745,000, according to government statistics.

This is a problem as Sunak and the ruling Conservative Party are set to face the public in a general election before the end of the year. The parties of Reform UK, the new political home of Brexiteer Nigel Farage, will push the issue of illegal immigration as hard as possible.

There is also the risk that Sunak will become embroiled in a wider debate centered on Britain leaving the ECHR if the European Court blocks the expulsions after the bill is passed. The issue has already caused deep divisions between different sections of the Conservative Party.

To date, the Rwanda policy has cost the British government ₹220 million ($274 million), a figure that could rise to 600 million after the first 300 people are sent to East Africa. This has opened up Sunak to criticism from both the left and the right that the policy not only violates international human rights law, but is also expensive and ineffective.

The opposition Labor Party, which is currently expected to win the next general election, has already said it will scrap the policy if it takes power.

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