Earlier this month, the UK passed the ‘Safety of Rwanda’ Act which enables the government to send people seeking asylum to Rwanda.

Asylum seekers sent to Rwanda will no longer be able to claim asylum in the UK or return to the UK except in extremely limited circumstances.

However, it is important to remember that Rwanda can only take a limited number – allegedly 2,000 – of people so most asylum seekers in the UK will not be sent there. The government have said they will not send children, family members of children in the UK, or Rwandan nationals. They also cannot send people who show specific risks of serious and irreversible harm if they were to be sent to Rwanda.

Furthermore, if you are not an asylum seeker, or your route to regularisation is separate from the asylum process, then you are not at risk.

It is possible that no one will be sent because of legal challenges, practical barriers, and protest.

There is still lots of uncertainty, and we don’t know how the policy will work in practice. But this is a summary of what we know so far. Please note that this is not formal legal advice – it is just a guide. As set out below, if you are at risk, it is important that you immediately seek legal advice from a solicitor.

Who is at risk?

Generally, an asylum claim in the UK may be considered for ‘inadmissibility’ if the person who claims asylum has or had a connection to another ‘safe third country’. For example, if they stayed in another European country on their way to the UK, or received refugee status in another country. If a claim is ‘inadmissible’ that means the UK is no longer required to process the claim.

According to the government’s guidance, asylum seekers who meet the ‘inadmissibility’ criteria may be at risk of deportation to Rwanda if:

• They claimed asylum in the UK on or after 1 January 2022; and

• They came on a ‘dangerous’ journey and passed through another country where they could have claimed asylum; and

• They do not have families with children under the age of 18.

If an asylum seekers meet these criteria, they may be issued with a ‘Notice of Intent’ that they are at risk of being deported to Rwanda, or a removal decision or removal directions which mention Rwanda.

They may also be detained before or after receiving one of those documents.

The voluntary scheme

The government has also launched a ‘voluntary departure’ scheme, which is separate to the enforced Rwanda deportations mentioned above. It is similar to the pre-existing ‘voluntary returns’ scheme, but instead of returning to your country of origin, a person would be moved to Rwanda. The Home Office is offering people £3,000 to ‘voluntarily’ go to Rwanda.

It is a voluntary scheme – it is optional not mandatory, and therefore a person can refuse to go. It is important to seek legal advice before doing anything.

What to do?

If you think you might be sent to Rwanda, it is very important that you secure legal representation as soon as possible.

The following solicitors’ firms are taking on Rwanda referrals:

• Duncan Lewis Solicitors: 020 7275 2570, [email protected], [email protected] or [email protected].

• Wilson Solicitors: 020 8808 7535, [email protected].

If you are detained, you can also seek advice and support from the following specialist organisations:

• Bail for Immigration Detainees (BiD): 020 7456 9750 (Mon-Thurs 10am – 12pm), [email protected].

• Detention Action: 0800 587 2096, [email protected].

• Care4Calais: If you’re in a hotel or house contact 07519773268 (WhatsApp only). To contact their detention team call 0800 009 6268.

Other support:

• If you are detained in Brook House or Tinsley House, then Gatwick Detainees Welfare Group can provide practical support: 0800 389 4367.

• If you are detained in the Heathrow (Colnbrook, Harmondsworth), Gatwick (Brook House, Tinsley House) or Yarl’s Wood detention centres, then SOAS Detainee Support can also provide practical support: 07438 407 570.

• For general advice, contact JCWI’s advice line: 0207 553 7472 (Mon, Tues, Thurs, 10am – 1pm), [email protected].

Resources

Action Against Detention and Deportations (AADD) info leaflet

AADD have produced the following small leaflet to hand to people before they report at immigration reporting centres. It is currently being translated into multiple community languages. I will add links to the translated leaflets as soon as I can.

JCWI Rwanda explainer

JCWI have produced a helpful explainer on the Safety of Rwanda Act, who is at risk under the policy, and details of support organisations and law firms.

Right to Remain legal update

Right to Remain have produced a similar but slightly more detailed explainer.

Anti-raids information

The Anti-Raids Network have flyers in English and other languages.

Challenging reporting conditions

Migrants Organise have an excellent resource for advisers and caseworkers wanting to challenging reporting conditions.