Well done PCS: Court of Appeal rules the government's Rwanda plan is unlawful

From PCS (Public and Commercial Services Union)

PCS welcomes today’s Court of Appeal ruling that the UK government's plan to send asylum seekers to Rwanda is unlawful.

The court agreed with PCS’ argument that Rwanda was not a safe country to deport refugees to; and that there was a serious risk that they could be sent back to a country in which they may be subjected to torture, inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. 

In July 2022, PCS, alongside Care4Calais, Detention Action and eight refugees, launched a legal challenge by way of judicial review to the governments Rwanda policy, which is designed to deport refugees to Rwanda without allowing due consideration of their asylum claims. 

PCS was clear that we were taking action on behalf of our members in the Home Office, in order to improve their working environment by removing the hazards and hostility created by the policy; and in solidarity with refugees who were being subjected to its inhumanity. 

In September 2022, the High Court ruled that the policy was lawful, but it quashed the decisions to deport the eight refugees and ruled that they should be reviewed. An application was made by the refugees to the Court of Appeal, adopting our generic grounds of argument as to the general unlawfulness of the policy. 

Mark Serwotka, general secretary of PCS, said:

Although we welcome this decision from the Court of Appeal, PCS recognises that the fight against this government’s disgraceful anti-immigration agenda is far from over.  

It is not immigration but political choices by this government that have driven down wages and starved public services of the resources they need to prosper. Instead of facing up to the consequences of their actions, it acts to criminalise and scapegoat refugees who are fleeing from death, torture and persecution.  

As we have demonstrated through our work with Care4Calais and Detention Action, our union will not stand idly by as refugees are subjected to inhumane policy proposals and inflammatory rhetoric by this government.

PCS Head of Bargaining, Paul O’Connor, who has been leading the campaign for the union, said:

The decision of the Court of Appeal is a vindication of our position. We do not take litigation lightly, but we could not stand by and allow our members to be subjected to stressful, dangerous and hostile working conditions; nor could we stand by and allow refugees to be subjected to this inhumanity. 

The government is consistently pouring money down the drain in its attempts to stop the Channel crossings – none of its plans are working. In fact, since the Rwanda policy was announced, far from being a deterrent, the number of crossings has increased. 

It is time for the government to adopt the Safe Passage policy put forward by PCS and Care4Calais.  That is the solution to the Channel crossings. It is the only way to prevent tragic deaths in the Channel.  It would allow refugees to have their asylum claims properly and safely considered; and would allow our members to do their jobs without consistently ridiculous political interference.

REFUGEE WEEK: People Power in The Face of a Hostile Environment

 I am grateful to  Zena Kazeme (Refugee Resettlement Officer for Sufra NW London) for permission to reprint the article below first published on the Sufra website LINK.  Do please consider contributing to Sufra's amazing work. Link at the end of the article.

 

 

It’s almost unbelievable to think that this September will mark the 7th anniversary of the death of Aylan Kurdi, the Syrian toddler who captured the hearts of millions across the world, when his small body washed ashore after making the treacherous journey across the sea on a dinghy. The image of the 3-year-old jolted the world and for a moment, the tragedy provided a glimmer of hope that change would ensue.

 

Fast forward 7 years and not only have over 6,000 migrants drowned in the Mediterranean sea since Aylan’s death, but those who have managed to arrive at our shores are facing the harshest policies in an environment that is growing more hostile by the day.

 

In April this year, despite widespread condemnation, the government confirmed plans to outsource asylum seekers to detention centres in Rwanda. Following the introduction of the Nationality and Borders Act, the government announced it will transfer responsibility for providing asylum to those who arrive in the UK by irregular routes, such as crossing the English Channel in a boat from France, to a “safe third country” – Rwanda. The plan stated that anyone who had arrived in the UK ‘illegally’, as of January 2022, would be liable for removal. It slowly became apparent that once people are exported, their claims are no longer considered under UK law, but rather as Rwandan asylum claims – and even those who go on to be granted asylum won’t have right of return to the UK. The UK’s legal obligations end once they have been deported.

 

An Illegal Asylum Seeker?

 

The plans mention asylum seekers arriving in the UK “illegally”, which begs the question; is there such a thing as an “illegal” asylum seeker? In short, the answer is no. The plan is referring to individuals who have arrived via unofficial routes, usually by crossing the channel on a small boat. Under international law, anyone fleeing home to seek safety has a right to apply for asylum, regardless of how they reach the UK. In fact, the majority of the guests we work with at Sufra, arrived through unofficial routes, risking their lives to find safety. For some guests from Syria, Iraq, Libya and Yemen, it took over a year to reach the UK.

 

Plans to export refugees to a ‘safe third country’ for processing has been lurking in the shadows for several years but it was mostly forgotten until this spring. However, the conclusion to label Rwanda as a suitable and safe third country is particularly puzzling, considering an estimated 10,000 Rwandan citizens have sought asylum in the UK between 2000 and 2018 fleeing dictatorship and human rights abuses. Many of these refugees are from the LGBTQ+ community and organisations that work with the community have expressed deep concerns about Rwanda’s anti-LGBTQ+ policies, which could put the lives of thousands of asylum seekers the UK is planning to export, at risk.

 

Seeing the Impact of the Policy first-hand at Sufra

 

As the news was announced and began to spread, I received back-to-back distressed calls from worried young people and families in temporary accommodation across London. Individuals who have already had to bear the brunt of the hostile environment policies were now facing a fresh anxiety. One single mother from Iraq who had arrived with her children in February and had still not had her asylum claim processed, called in tears asking whether she would be deported, and at the time, I could not confidently say no. Initially, the plan provided no clarity on who is set to be removed, just that it would include anyone who arrived ‘illegally’ as of January 2022.

 

Hope in Response to Hostility

 

As soon as plans were announced, immigration lawyers, activists and refugee organisations across the UK rose to challenge the decision and express solidarity with refugees. First, they challenged the retrospective nature of the rule and were successful in ensuring no asylum seekers who have arrived before June 2022 would not be deported. Within weeks, another challenge was launched against the plan over failure to identify risks to LGBTQ+ refugees. Charities across the country organised to write to MPs and place pressure on airlines not to carry passengers facing deportation. Dozens of activists protested outside of immigration removal centres, chanting ‘we are with you’, as the first notices for removal were issued to asylum seekers. Demonstrations outside the Home Office amplified the voices of scared refugees who are living in fear as they watch the news unfold every day. This led to global criticism of the plans and prompted the UNHCR to condemn the government on failing to meet the standards of legality and appropriateness.

 

As of 14th June 2022, 7 people detained in the UK were facing deportation. Despite the hard work of lawyers, activists, organisations and even criticism from Prince Charles who dubbed the Rwanda plan ‘appalling’, the Court of Appeal rejected the latest legal efforts to block the first deportation flight. Luckily, the European Court of Human Rights (ECHR) intervened – the Strasbourg court made a ruling on a single case, putting the whole plan on pause. However, Justice secretary Dominic Raab has confirmed the government will introduce a ‘British Bill of Rights’ which would give more power to the British Supreme Court over the ECHR and allow life-saving rulings to be ignored in the future.

 

We have seen the impact of people power reduce the number of asylum seekers facing deportation from 50 to 7, and we cannot stop now. Despite the advances we have made, there are still many suffering from severe trauma who wake up every morning to news that can upend their lives. We have seen first-hand the difficulties asylum seekers face in temporary accommodation, from unsuitable, cramped living space to starvation and lack of mental health support, and now the risk of being deported to another continent and an uncertain future.

 

United We Stand

 

The plan is unworkable, immoral, and unethical on many levels. We know that it will not deter desperate people seeking sanctuary from arriving in the UK. Instead, it will push a community that is already overlooked to the margins of society. Asylum seekers will seek any means of survival available and that could push many who fear deportation to escape from Home Office accommodation onto the streets. It will lead to an increase in mental health needs, which are already unmet. The number of young asylum seekers on hunger strike in the UK is rising daily and despite the Home Secretary labelling it as ‘attempts to frustrate the process and delay removal’, it poses a real risk to the lives of many young people.

 

As we celebrate Refugee Week and Pride Month, we must keep in mind that the hard-won rights we are celebrating were achieved through people power. Individuals came together demanding the changes we are celebrating today. We are now facing a moment in history that will shape the future of the UK’s response to refugees. We have a duty to ensure that we continue to resist any policies that pose a threat to the long-held principles of compassion and tolerance towards anyone who arrives seeking sanctuary.

 

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UK-Rwanda Asylum Partnership MoU to be investigated by Lords committee

 The House of Lords International Agreements Committee has today launched an inquiry into the Memorandum of Understanding (MoU) between the UK and Rwanda on an Asylum Partnership and is issuing a call for evidence.  

The committee is particularly interested in the implications of using an MoU as a vehicle for relocating asylum seekers to Rwanda and whether the MoU is consistent with the UK’s obligations under both domestic and international law.  

Questions the committee is seeking evidence on include:  

• Is an MoU the appropriate vehicle for this Agreement?

• What are the implications of an agreement that asserts that it is not binding on either Party in international law?  

• Is the MoU consistent with current UK domestic law, or does UK legislation require any amendment to implement the MoU? 

• Is the MoU consistent with the UK’s obligations under international law, including  the 1951 Refugee Convention, the European Convention on Human Rights, and the Council of Europe Convention on Action against Trafficking in Human Beings?  

The deadline to submit evidence is Wednesday 20 July 2022, with the full call for evidence available on the committee’s website.  

Baroness Hayter, Chair of the International Agreements Committee said:  

The UK-Rwanda Asylum Partnership was agreed as an MoU, rather than as a treaty, and is therefore not covered by the Constitutional Reform and Governance Act 2010, meaning it doesn’t have to be laid in Parliament for scrutiny or debate. While it is not classed as a treaty and may not be legally binding on the Parties, it has significant human rights implications, and there are questions over its compatibility with the UK's obligations, particularly under international law. 

Although the MoU has not been formally presented to Parliament for scrutiny, it is nevertheless my committee’s duty to scrutinise such an important international agreement. We are therefore launching our inquiry today, calling on witnesses to submit written evidence.

EMERGENCY DEMONSTRATION TONIGHT - HOME OFFICE 6PM 'No to off-shoring refugees in Rwanda'

 

From Labour Campaign for Free Movement

 

The government has just announced plans to send refugees seeking safety in the UK to Rwanda. You read this right. Priti Patel is determined to make her outrageous plan a reality. The government claims to have reached a deal with Rwanda, meaning that asylum seekers will be sent to have their cases processed 4,000 miles away. If the plans go ahead, they will lead to unspeakable suffering. We know that migrants imprisoned in the UK's detention centres already face inhumane conditions and vile abuse. Further away from the public eye, their situation can only get much worse. Australia's experiment with offshore processing centres resulted in horrific human rights violations, forcing the government to start winding down the scheme. We can't let the UK go down the same route.

Join the demo: 6pm TODAY, Home Office An emergency demo for 6pm today, in front of the Home Office: Marsham St, London SW1P 4DF (map here). Let's stand against this cruelty and demand safety and dignity for all refugees. Spread the word!

 

Brent event to help young people in Rwanda

Event at College of North West London, Dudden Hill