Immigration minister Michael Tomlinson releases statement clarifying that inadmissibility decisions are on pause
The Home Office published a statement yesterday clarifying what is happening with certain inadmissible asylum claims in wake of November's Supreme Court judgment on the Rwanda policy.
The statement is relevant for asylum seekers who arrived in the UK on or after 1 January 2022 and prior to the Court's of Appeal's June 2023 judgment in AAA v Secretary of State for the Home Department [2023] EWCA Civ 745, and who received a notice of intent that their claims may be inadmissible and they may be removed to Rwanda.
Michael Tomlinson, the minister for what the Government terms 'illegal migration', said inadmissibility decisions for asylum seekers in this group are currently on pause.
He stated: "[T]he Home Secretary has decided to maintain a general pause in the making of inadmissibility decisions in relation to this group at this time whilst work is completed to address the [Supreme] Court's findings as these individuals remain in scope for inadmissibility action. Pending completion of this work, decisions will only be taken in the event that the Home Secretary considers that there are compelling reasons why this should be necessary in the individual case in question."
Tomlinson's statement is available here. A full copy of the statement is reproduced below.
Sunder Katwala, the director of the British Future think tank, commented on X in response to the statement that the Government has paused deciding whether to admit around 50,000 people to the asylum system, ostensibly to see whether removals to Rwanda go ahead but mainly as a political delaying tactic.
Noting that Rwanda would only have capacity to take a few hundred out of the tens of thousands of asylum seekers, Katwala added: "The Rwanda policy is an obvious bluff - a distraction, not a deterrent. The delay is an attempt to maintain the distraction and avoid [the] public becoming aware of the reality that the legal framework and Rwanda Treaty have no real world answer for 99% of 2023 arrivals."
The immigration minister's full statement follows below:
Consideration of inadmissibility claims under the Migration and Economic Development Partnership
Published 14 February 2024
This statement clarifies the way in which certain cases which fall within scope of the inadmissibility rules are being handled by the Home Office in light of the Supreme Court judgment in AAA v SSHD and subsequent work undertaken by the Home Office and in Rwanda to address the Court's findings.
This does not represent a change in policy.
Broadly speaking, asylum claims may be declared inadmissible and not substantively considered in the UK, if the claimant was previously present in or had another connection to a safe third country, where they claimed protection, or could reasonably be expected to have done so. The inadmissibility process is intended to support the safety of asylum seekers, the integrity of the border and the fairness of the asylum system, by encouraging asylum seekers to claim protection in the first safe country they reach and deterring them from making unnecessary and dangerous onward journeys to the UK.
This statement specifically relates to the group of individuals who arrived in the UK on or after 1st January 2022 and who received a notice of intent prior to the Court of Appeal's judgment in AAA v SSHD (on 29 June 2023) which informed them that their asylum claim may be considered inadmissible and that they may be removed to Rwanda under the terms of the Migration and Economic Development Partnership (MEDP). Further action in relation to this group was paused whilst the lawfulness of removals to Rwanda under the terms of the MEDP was considered by the Courts.
On 15 November 2023, the Supreme Court found that removal of asylum seekers to Rwanda was, based on the evidence reviewed at that time, unlawful. However, the Court recognised that changes could be made in the future to address its findings. In light of this, the Home Secretary has decided to maintain a general pause in the making of inadmissibility decisions in relation to this group at this time whilst work is completed to address the Court's findings as these individuals remain in scope for inadmissibility action. Pending completion of this work, decisions will only be taken in the event that the Home Secretary considers that there are compelling reasons why this should be necessary in the individual case in question.
The government has taken steps to further increase the protections offered to asylum seekers relocated to Rwanda. This has included: building further on the existing safety assurances from the Government of Rwanda, signing a formal and legally binding treaty with Rwanda which includes significant new protections in response to the Supreme Court's conclusions, and introducing legislation to allow Parliament to determine that Rwanda is generally a safe country for asylum seekers. The Home Office will resume decision making in respect of this group once the Treaty between the UK and Rwanda comes into force and the Safety of Rwanda Bill receives Royal Assent, at which point removals of individuals in this group to Rwanda can take place.
The government is committed to stopping the boats and deterring people from making dangerous and unnecessary journeys to the UK. The Home Secretary believes that this will be best achieved by ensuring that so far as possible those subject to the inadmissibility rules remain in scope for potential removal to Rwanda once the policy is fully operational.
Minister of State for Countering Illegal Migration
Michael Tomlinson KC MP