There is no question that expulsion to Rwanda under this Arrangement is not lawful since it is plainly contrary to vital principle & purpose of the legal agreement into which the UK voluntarily entered in making & adopting the Refugee Convention. 1/7 theguardian.com/uk-news/2022/j…
Oddly, the Rwanda Arrangement expressly recognises some of that principle & purpose in its Preamble while expressly undermining that by its content & intention. 2/7
It is plainly not an exercise in #SharingResponsibility for UK to cast off its asylum responsibilities onto Rwanda & is generally destructive of that principle for UK to encourage or licence other relatively rich countries to do likewise. 3/7
It is plainly a penalty on account of arriving without prior permission to seek asylum, to transport a refugee to Rwanda for having done that as a means to deter other refugees doing the same. 4/7
It is equally plainly not expeditious to transfer people in the UK thousands of miles to a country without any equivalent resource to manage its own existing responsibilities to refugees for consideration of the asylum claims they have made in the UK. 5/7
Whether UK courts will consider themselves able to recognise these or other international law principle & purpose in considering the questions before them, remains to be seen. The UK Government has sought to avoid that be making the Rwanda Arrangement formally ‘not binding’. 6/7
But nonetheless what remains unarguable is that the Rwanda Arrangement is, even just on the matters of principle & purpose identified above, unlawful for profoundly undermining & contravening a legal agreement into which UK has entered. 7/7
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1. It isn’t about UK outsourcing the processing of people’s asylum claims. It is about UK discarding asylum responsibilities altogether. Anyone subjected to it is intended to be made entirely Rwandan responsibility.
2. It’s unclear how it relates to anything in current or proposed legislation or rules. But one way or another, if UK is able to apply it to anyone it will be refusing to admit or retain responsibility for that person’s asylum claim.
3. The MOU itself is very light on substance except in firmly stipulating that it & anything in it isn’t to be regarded as legally enforceable by anyone, not even the respective Governments.
It was August 2020, when Home Secretary announced she would make crossing Channel by boat to seek asylum “unviable”.
20 months later, as she was warned, her policies have only sustained the very conditions that lead to these journeys. 2/7 independent.co.uk/news/uk/home-n…
Last August, she hinted that a “Warm Welcome” for Afghan refugees might be expanded to double the number being provided for.
And yet, after over 7 months, that welcome remains to be fulfilled even for people who had by then been emergency evacuated. 3/7 itv.com/news/2021-08-3…
Tomorrow & Wednesday will be last two days for MPs to scrutinise & vote on this Bill. To how much of following can they possibly give proper scrutiny, let alone meaningfully vote upon given Government will ‘whip’ to require its majority wins out? 1/15
Clause 9 will empower Home Secretary to strip British citizens of their citizenship in secret.
Stripping people of their citizenship is already a draconian power. Seeking power to do so secretly shows contempt for British citizenship & the rights of every British person. 2/15
Clause 10 will empower Home Sec to refuse to register right of a stateless child, born in UK & lived here at least five years, to British citizenship.
Leaving kids born & growing up here without British citizenship & stateless shows contempt for children & their rights. 3/15
People crossing the Channel by boat to seek asylum are visible in a way that people making different journeys to UK to do so are not. Ministers & others have exploited this visibility to excite some sense of national emergency. But what is the reality… 1/11
Firstly, there were more asylum claims made in UK in 2019 than 2020. In first half of 2021, there were more claims than in first half of 2020 but still fewer than same period in 2019. So, over period of heightened attention to boat crossings, asylum claims haven’t gone up. 2/11
Secondly, backlogs & delays in asylum system have significantly increased over this period. Pandemic certainly had an impact as did @ukhomeoffice response to it. And Ministers have added to this by delaying consideration of many claims. 3/11
One striking aspect drawn out in today’s children’s citizenship fee judgment is that the Home Secretary effectively abandoned her own evidence submitted to the High Court & sought to rely on parliamentary debates to show she had done something her own evidence could not show. 1/7
Her own evidence showed she hadn’t considered children’s best interests in setting a fee that deprived many children of citizenship rights, not least because it showed a failure or refusal to understand that citizenship rights were highly important & belonged to the children. 2/7
So, she tried to rely on debates in Parliament led by peers & MPs, with support from @PRCBC1 & @AmnestyUK, many of whom aghast at the fee, to say that because others had complained at her fee’s injustice & impact this was enough for her to have considered this. 3/7
Her daughter was banned from Home Office building because officials refused to tolerate being told they were wrong. Let’s think on that. 1/5
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Over several years, Ministers & Parliament have cut & removed rights of appeal because they refuse to tolerate people insisting officials are wrong & trying to correct that. 2/5
Ministers & Parliament have cut & removed #legalaid & constrained access to judicial review because they refuse to tolerate people insisting officials are wrong & trying to correct that. 3/5