Iraqi asylum seeker fights UK policy of deportation to Rwanda

By Al Mayadeen English
Source: Agencies
12 Apr 2023 22:51
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The ECHR says his application is "valid".

Stickers are covered in rain drops as people protest outside the High Court in London, Monday, Dec. 19, 2022. (AP)

After having received a "valid application" on March 15 from an Iraqi asylum seeker facing deportation from the UK to Rwanda, the European Court of Human Rights (ECHR) urged the British government, on Tuesday, to “provide observations” on the matter.

The Iraqi national, referred to as NSK, is faced with deportation to Rwanda after he was refused asylum for arriving in England through the English Channel in May 2022. After he was notified of his deportation to Rwanda, NSK filed an application with the ECHR claiming that deportees to Kigali face mistreatment if they protest their conditions, noting that he will not have access to a fair refugee status determination.

It is worth noting that deportation from the UK to Rwanda follows through according to the $170 million migration agreement between London and Kigali.

On June 14, 2022, the ECHR invoked Rule 39 of its Procedure which prohibited the UK from deporting NSK back to Rwanda due to worries about mistreatment in Kigali. The 55-year-old was not to be extradited until three weeks after the domestic verdict in his then-continuing judicial review hearings were handed down as per the court's request. The temporary deportation halt expired on February 6, 2023.

UK expands criticized migrant deportation deal with Rwanda

British Home Secretary Suella Braverman expanded a deal with Rwanda, which allows the UK to detain asylum seekers reaching the European country and deport them to the African nation.

The United Nations High Commissioner for Refugees (UNHCR) earlier slammed this agreement between the two as a "clear breach" of international law, describing it as an "asylum ban".

Braverman, who was on an official visit to Rwanda, claimed that the scheme would “act as a powerful deterrent against dangerous and illegal journeys."

"The Home Secretary and Dr Biruta signed an update to the Memorandum of Understanding, expanding the partnership further to all categories of people who pass through safe countries and make illegal and dangerous journeys to the UK," the UK government said in a statement.

In April 2022, the UK said it reached an agreement with Kagil to send migrants and asylum seekers who cross the Channel thousands of miles away to Rwanda, as the British government tries to reduce the record number of people making the perilous journey. However, no migrants have been sent back so far due to legal controversies after the British government received strong criticism from NGOs and other service unions regarding the legality of the deal.

The European Court of Human Rights (ECHR) intervened to stop the execution of the 'Illegal Migration Bill' adopted by the UK over legality challenges, as the British parliament debated the matter.

“Many countries around the world are grappling with unprecedented numbers of illegal migrants and I sincerely believe that this world-leading partnership … is both humanitarian and compassionate and also fair and balanced,” Braverman said in Kigali.

“Anyone who comes to the UK illegally — who cannot be returned to their home country — will be in scope to be relocated to Rwanda,” she added.

Rwanda announced that it has the capacity to process only 1,000 asylum seekers over the first five years, which raises concerns regarding the practicality of the bill.

In 2022, over 45,756 people arrived in Britain after crossing the Channel from France in small boats, up from 28,000 in 2021, 8,466 in 2020, 1,843 in 2019, and 299 in 2018.