The UK Government has dismissed a United Nations assessment that the Rwanda asylum plan is in breach of international refugee law.
The UN’s refugee agency UNHCR said the Safety of Rwanda Bill and the treaty signed by Rishi Sunak’s Government with Kigali were “not compatible” with international obligations.
But Downing Street said the UNHCR itself used Rwanda as a place to send refugees and insisted the Government’s own legal advice was that the plan was lawful.
“Does not meet the required standards”
The Government wants to put some asylum seekers who cross the English Channel in small boats on flights to Rwanda, rather than give them a route to settle in the UK.
The Prime Minister, as well as his Home Secretary James Cleverly, have sought to make the flagship scheme legally watertight after the Supreme Court last year declared the plan unlawful.
But the UNHCR, in a new assessment of the revised plan, said it “does not meet the required standards relating to the legality and appropriateness of the transfer of asylum seekers and is not compatible with international refugee law”.
The Supreme Court judgment highlighted several serious concerns about the Rwanda plan that would need addressing before the policy could be considered lawful, with evidence from the UNHCR among that relied upon by judges.
The agency said: “As of January 2024, UNHCR has not observed changes in the practice of asylum adjudication that would overcome the concerns set out in its 2022 analysis and in the detailed evidence presented to the Supreme Court.”
It added: “The treaty lays out an important basis for an improved asylum system, but until the necessary legal framework and implementation capacity is established, the conclusion of the treaty in itself does not overcome continued procedural fairness and other protection gaps.”
“The Prime Minister will not be deterred”
But Mr Sunak’s official spokesman said: “The Prime Minister will not be deterred from a course of action that is backed by the British public.
“It’s important that we have control of our borders, it’s right that the British people and not criminal gangs decided who comes to this country.
“And we are acting in a way that we believe is both legal and responsible.”
The spokesman added: “Obviously the UNHCR also have a partnership with Rwanda, ensuring they can safely take in migrants, I think from Libya, including a number quite recently.”
The UNHCR assessment came as MPs on the Tory right were preparing to rebel in order to toughen up the legislation.
Amendments backed by around 60 MPs would disapply international law from the Bill and severely limit individual asylum seekers’ ability to appeal against being put on a flight to Kigali.
But it has sparked concerns from more moderate Tories that it would leave the UK in breach of international law.
Related: Trump and Starmer get major boost in latest politics odds