On June 29, the Court of Appeal determined that the Government's Rwanda policy, which involved sending certain persons who had applied for Asylum in the UK to Rwanda to have their applications processed, was illegal. The Court's lack of conviction that Rwanda's asylum procedures are robust enough to qualify as a safe destination to transfer asylum seekers was the basis for this ruling. To determine whether to appeal the ruling to the Supreme Court, the Government has until July 6th. The Illegal Migration Bill, which has been created, among other things, to restrict or block access to court for asylum seekers on a fast track to Rwanda, is currently drawing to a close in the House of Representatives. You can know more by contacting one of the UK immigration consultants in UAE.
There are still concerns regarding access to justice more generally, in addition to the legality of the Rwanda policy, given the four ouster provisions in the Bill that aim to limit court examination of certain types of asylum claims.
The Illegal Migration Bill was released on April 24, 2023, and the House of Lords is now reviewing it. The Bill has drawn significant criticism on a number of different fronts, including:An apparent incompatibility with the Human Rights Act of 1998 (and, by extension, the European Convention on Human Rights), the undermining of regional devolution agreements, and a violation of the separation of powers, a liberal democratic principle. The Bill also violates the principle of parliamentary sovereignty (in the way it was passed), the rule of law by trying to circumvent the court's jurisdiction in a number of ways, and the European Convention on Human Rights.
Additionally, it has drawn the (very unfavourable) attention of the UN High Commissioner for Refugees, the UN High Commissioner for Human Rights, and three UN Special Rapporteurs (on human trafficking, children's rights, and migrant rights), among others. All of these individuals have criticised the Bill for being incompatible with a number of UK Treaty obligations.
Why then is the government so adamant about passing this law? In this blog, I'll look at why the Government's immigration and asylum policies are so important that it is ready to pursue them despite the concerns that have been raised about their contents on a national and international level.
The Government's stated goals for the Bill are to:
- reduce illegal immigration into the UK by eliminating the incentive for perilous small boat crossings;
- quicken the removal of individuals who don't have permission to be here; this will free up space so that the UK can better assist those who are really in need of refuge through safe and legal channels;
Ensure that the UK continues to support those in genuine need by pledging to relocate a particular number of the most vulnerable refugees in the UK every year. This will help prevent persons who enter the UK through unlawful and perilous routes from abusing modern slavery protections to hinder their deportation. The lawful immigration can only done through leading UK immigration consultants in UAE.
Since the United Kingdom exited the European Union (EU) on January 31, 2020, it has been excluded from the EU's mechanism for assigning responsibility for asylum seekers. This implies that every asylum seeker entering the UK must be given a chance to present his or her case before a judge and cannot just be sent to another EU member for processing. As a result, there has been a continuous rise in the number of people crossing the English Channel to seek refuge in the UK. The previous Home Secretaries (and Prime Ministers) have been quite irritated by this. There have been several pledges to "stop the boats," but doing so has proven difficult.
This post first appeared on How An Immigration Solicitor In London Can Help You With Immigration?, please read the originial post: here
