Illegal Immigrants Who Commit Serious Offences in Rwanda Could Be Sent Back to UK

British Home Secretary James Cleverly (L) and Rwanda's foreign minister Vincent Biruta (R) pose for the cameras after signing a treaty in Kigali, Rwanda, on Dec. 5, 2023. PA

Illegal immigrants sent to Rwanda while their asylum applications are processed could be returned to Britain if they commit serious crimes in the East African nation, according to the treaty the two countries signed on Tuesday.

Home Secretary James Cleverly signed the treaty in Kigali on Tuesday with Rwanda’s foreign affairs minister Vincent Biruta and promised to push through emergency legislation so the first asylum seekers could be sent to Africa in the spring.

Mr. Cleverly and Prime Minister Rishi Sunak have staked their reputations on getting the Rwanda policy off the ground and using it as a deterrent to stop the fleet of small boats crossing the English Channel.

Last month, the UK Supreme Court ruled the Rwanda policy was unlawful because there was too much of a risk genuine refugees would be sent back to their country of origin by the administration in Kigali, which the Home Office has proposed will be in charge of processing asylum applications.

After signing the document, Mr. Cleverly said, “We feel very strongly that this treaty addresses all of the issues raised by their lordships in the Supreme Court, and we have worked very closely with our Rwandan partners to ensure that it does so.”

Treaty Document Published Online

So what does the treaty say?

The government published the 43-page document online on Tuesday night, and it refers to the illegal immigrants who will be sent to Rwanda as “relocated individuals” and says they will be entitled to legal aid-funded lawyers.

It makes it quite clear those whose asylum applications are ruled to be genuine would stay in Rwanda and be given refugee status.

Those whose asylum applications are refused would be unable to return to the UK but would be allowed to stay in Rwanda, which is considered under the treaty to be a safe country.

Under no circumstances could an asylum seeker whose application has been refused be returned to the country from which they originated, which is known as refoulement.

It was the risk of refoulement which was the main reason for the Supreme Court’s decision to rule the Rwanda policy was unlawful, but the Home Office hoped the treaty would now put that to rest.

The treaty says if a relocated individual commits a crime in Rwanda which results in a jail term of five years or more, they could be stripped of their refugee status and sent back to Britain.

‘Hypothetical Circumstances’

The prime minister’s official spokesman said: “Anyone who commits a crime in Rwanda having been relocated, they will be expected to serve their sentence in Rwanda. There are hypothetical circumstances, exceptional circumstances in which individuals could be returned to the UK.”

He insisted there would be a “high bar” for returning such a person to the UK.

The treaty says, “In order to facilitate coordination under this agreement, respective liaison officers deployed by Rwanda and the United Kingdom under Article 14(2) shall be allowed in the operational process in both the United Kingdom and Rwanda, including the screening of asylum seekers.”

This effectively means British officials would be stationed in Kigali to help the Rwandan authorities to process asylum claims and give legal advice.

The treaty also says, “The parties shall make arrangements for the formation and maintenance of a monitoring committee (which) shall be comprised of persons independent of both parties.”

The monitoring committee’s role, “shall be to advise on all steps they consider appropriate to be taken to effectively ensure that the provisions of this agreement are adhered to in practice.”

‘Portion’ of Rwanda’s Most Vulnerable Refugees Will Come to UK

Another clause in the treaty states, “The parties shall make arrangements for the United Kingdom to resettle a portion of Rwanda’s most vulnerable refugees in the United Kingdom, recognising both parties’ commitment toward providing better international protection for refugees.”

Home Office minister Chris Philp told LBC this meant a “handful” of refugees from other African countries who were in Rwanda would be brought to the UK.

He was asked if that meant fewer than ten and replied, “I’m not going to get into that, it’s going to be very small numbers.”

At prime minister’s question time in the House of Commons on Wednesday, the Labour Party leader, Sir Keir Starmer said the number of asylum seekers the Home Office had managed to send to Rwanda, “remains stubbornly consistent—zero.”

Sir Keir: “At the same time, Article 19 of the treaty says the parties shall make arrangements for the United Kingdom to resettle a portion of Rwanda’s most vulnerable refugees in the United Kingdom. So, how many refugees from Rwanda will be coming here to the UK under the treaty?”

Mr. Sunak did not reply directly but criticised Labour and said of Sir Keir, “He is not interested in stopping the boats, which is why he is not interested in the Rwanda plan.”

PA Media contributed to this report.