People face being removed without adequate access to legal advice or effective representation
The Law Society said in a press release last week that the UK's migration partnership with Rwanda lacks any legally binding safeguards or enforcement mechanisms to protect the rights of asylum seekers.
The Law Society was submitting evidence to the House of Lords International Agreements Committee, which launched an inquiry into the Memorandum of Understanding (MoU) between the UK and Rwanda in June.
Law Society president I. Stephanie Boyce said the safeguards in the MoU are not binding or enforceable, and domestic and international law requirements do not apply to them. The UK risks breaching international law.
"If an asylum-seeker's human rights were breached in Rwanda they would have no way of seeking justice in the UK. They wouldn't be able to appeal to British courts and there is nothing the UK could do to enforce their rights under the terms of the agreement," she commented.
The Law Society also expressed concern over the insufficient notice and time that asylum seekers will be given to challenge their removal to Rwanda.
"Anyone subject to such a life-changing order must be able to challenge the decision, and to have their case processed fairly and transparently. The short timeframe for screening asylum-seekers could mean the Home Office fails to identify people who it would be unsafe to send to Rwanda … We believe this part of the MoU is inherently flawed and unfair and gives rise to a real risk that individuals may be removed to Rwanda without having had adequate access to legal advice or effective representation. It is crucial that anyone affected has access to legal representation," the Law Society said.
I. Stephanie Boyce added that it was entirely inappropriate for the MoU to have been introduced without any oversight or scrutiny by Parliament.
The Guardian reported on Thursday that a new flight to Rwanda is being planned by the Home Office ahead of next week's crucial High Court hearing on the legality of the policy.
Some newly arrived asylum seekers are receiving letters from the Home Office telling them their claims are deemed inadmissible and the Government intends to send them to Rwanda, the Guardian reported.
Care4Calais told the Guardian: "[I]t hardly seems credible that the government is pressing ahead with this brutal plan. Once more we will support terrified men and their distraught families as they face the devastating prospect of being forcibly deported halfway round the world."
A Home Office spokesperson told The Independent that it was confident that the migration partnership with Rwanda is fully compliant with national and international law.