“The adoption of the Safety of Rwanda (Asylum and Immigration) Bill by the UK Parliament raises major issues about the human rights of asylum seekers and the rule of law more generally”, said Michael O’Flaherty, the Council of Europe Commissioner for Human Rights. “The United Kingdom government should refrain from removing people under the Rwanda policy and reverse the Bill's effective infringement of judicial independence”, he underlined.
“Managing asylum and migration is undoubtedly a complex endeavour for states, but it must always be done in full compliance with international standards. In this regard, I am concerned that the Rwanda Bill enables the implementation of a policy of removing people to Rwanda without any prior assessment of their asylum claims by the UK authorities in the majority of cases. Specifically, the Bill prevents individuals faced with removal to Rwanda from accessing remedies for potential violations of the absolute prohibition of refoulement, while it also significantly excludes the ability of UK courts to fully and independently scrutinise the issues brought before them.
The UK is prohibited from subjecting, even indirectly, people to refoulement, including under Article 3 of the European Convention on Human Rights, under the Refugee Convention, and under a range of other international instruments; he said.
“The Rwanda Bill’s adoption is another representation of an ongoing trend towards externalisation of asylum and migration policy in Europe, which is a matter of concern for the global system of protection of the rights of refugees;” he noted.