Overview on the safety of Rwanda Act 2024
On the 25th of April the Safety for Rwanda (Immigration and Asylum) Act 2024 became law. At the same time the UK-Rwanda Treaty was ratified.
According to this Act, all decision makers including the Secretary of State, Home Office caseworkers and Courts and Tribunals must conclusively treat Rwanda as a safe third country.
Courts and Tribunals must not consider any appeal or claim that argues:
- Rwanda will or may remove or send a person to another State in contravention of any of its international obligations (non-refoulement)
- that a person will not receive fair and proper consideration of an asylum, or other similar, claim in Rwanda
- any claim or complaint that Rwanda will not act in accordance with the Rwanda Treaty
Individuals can challenge whether Rwanda is safe for them based on compelling evidence relating specifically to their particular individual circumstances (rather than on the grounds that the Republic of Rwanda is not a safe country in general).
More details on this process can be found in the Safety of Rwanda Guidance Version 1.0 29 April 2024.
Who is affected?
Asylum-seekers who have entered the UK irregularly (e.g. by small boat or lorry) and crossed through a safe third country (e.g. France or another European country) may have their asylum-claims considered as inadmissible. This means that the UK will not consider the merits of their claim at all but can instead remove them to any safe third country that would accept them (Rwanda) and this country will consider the merits of their claim and can grant protection if the requirements are met.
Specifically, those that could be in danger of being removed to Rwanda are:
- those who claimed asylum on or after 1 January 2022, and
- their journey to the UK can be described as having been dangerous
- do not have families with children under the age of 18 may (although families with children may be considered for inadmissibility action where removal is to other countries).
The Home Office has announced that they will prioritise those that who arrived in the UK after 9 May 2022.
Anyone under consideration for removal to Rwanda will receive a Notice of Intent (NOI). The person in question can respond to the NOI within 7 days if detained and 14 days in all other cases. An extension of time to respond can and should be requested. More details on this process can be found in the Inadmissibility: safe third country cases Version 8.0 29 April 2024.
Another group affected is refused asylum-seekers (relevant guidance: Removal of Failed Asylum Seekers to Rwanda Version 1.0 13 May 2024) .
These are people that:
- have had an earlier protection or human rights claim refused, withdrawn or treated as withdrawn
- do not have an appeal pending against a previous refusal of a protection or human rights claim
- are liable to removal from the UK on the basis that they do not have leave to enter or remain
Refused asylum-seekers could submit further representations on their cases if they have new evidence on their asylum claim.
Legal aid is available and it is essential that those affected access it immediately.
Who is not affected?
From what we know so far the following cohorts are not affected:
- Children
- Families with children under 18 years
- Those whose claim has been admitted for consideration in the UK and have completed a questionnaire/ interview
- Those who entered the UK legally (with permission to enter/visa)
Further, this is a policy concerning asylum-seekers and therefore the following cohorts are also not affected:
- Overstayers
- People with leave to remain under any other part of the immigration rules (e.g. as partners, parents or based on their private life)
- EU nationals
Useful resources:
- JCWI- Rwanda Act Explainer, April 2024
- Right to Remain – What we know about the Rwanda Act and Treaty so far, April 2024
- FreeMovement – Briefing: Safety of Rwanda Act – what happens now?
- Care4Calais – Leaflets in different languages
- These Walls Must Fall- Translated Rwanda information
For asylum-seekers
For those living in the West Midlands: If you need more information about the process and whether you are affected, please contact us.
We can provide guidance and can support you with finding legal aid representation if you have received a Notice of Intent (NOI).
If you receive a Notice of Intent (NOI) you will need to get legal representation as soon as possible.
Lawyers are available:
- Wilsons LLP legal aid solicitors: 0208 808 7535, rwandareferrals@wilsonllp.co.uk
- Duncan Lewis solicitors: 02072752570, toufiqueh@duncanlewis.com
- Care 4 Calais Rwanda number: 07519773268 (WhatsApp only)
If you are detained call:
- Bail for Immigration Detainees: 020 7456 9750 (Mon-Thu 10 – 12)
- Detention Action on 0800 587 2096
- Care4Calais Rwanda helpline for people in detention: 0800 009 6268
Care4Calais guidance in multiple languages
You can scan the QR code here to access their information, or visit https://care4calais.org/wp-content/uploads/2024/04/NOI-Translated-v2.pdf
This information gives you details of how to contact them for support in certain situations.
RMC supports new arrivals from the moment they arrive in a range of ways. See how RMC does this, what we can help with and more on our immigration work below.
