Government promises about the treatment of asylum seekers who could be deported to Rwanda are merely “aspirational”, the country’s highest court has heard.
The United Nations refugee agency told the Supreme Court that the pledges were “no sufficient answer” to “basic and fundamental defects” in the Rwandan system.
The Home Office is challenging a June Court of Appeal ruling that the UK’s £120million plan to send asylum seekers to the African state to have their claims processed is unlawful.
The policy is seen as key to Rishi Sunak's promise to "stop the boats" by creating a deterrent to crossing the Channel.
The UK Government previously argued a memorandum of understanding agreed between the two countries provided assurances that all those sent there would have a “safe and effective” refugee status determination procedure.
Assurances were also made that people deported to Rwanda would be given “adequate accommodation”, food, free medical assistance, education, language and professional development training and “integration programmes”.
However, Angus McCullough KC, for the UNHCR, said in written submissions: “The assurances and commitments given by the government of Rwanda do not suffice to establish an accessible, reliable or fair asylum system in Rwanda.
“UNHCR in any event considers the assurances given in this case insufficient.
“The assurances are aspirational in nature, particularly in relation to such matters as ‘appropriately trained’ decision-makers and ‘objective and impartial’ decisions.”
Five Supreme Court justices were told that asylum seekers transferred to Rwanda under a previous arrangement with Israel were “routinely and clandestinely expelled”, prevented from making asylum claims and faced “grossly intimidating treatment”.
The country was described as an “authoritarian, one-party state” by a barrister for the asylum seekers in the claim.
Mr McCullough also said in written submissions: “The Home Office’s response to the evidence of inadequacies and failures in the system is to assert that, in light of the assurances, evidence of past problems is ‘at best, peripherally relevant’… That approach has no basis in principle or in the evidence.”
At the start of the hearing on Monday, Sir James Eadie KC, for the Home Office, said the policy to remove people to “a country less attractive” than the UK, “but nevertheless safe”, was lawful.
Sir James said that asylum seekers’ rights of review and appeal were “embedded” in the deal with Rwanda, which also “guaranteed” access to legal support.
In written arguments, he said transfers to Rwanda would “take place only with the consent of the Rwandan authorities and numbers will, in the first instance, be low”.
The hearing before Lords Reed, Hodge, Lloyd-Jones, Briggs and Sales is due to end on Wednesday, with a judgment expected at a later date.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules here