In its ruling on 15 November this year, the Supreme Court accepted the British government’s argument that Rwanda was being encouraged to fully comply with the previously concluded agreement, and that the control measures contained therein provided sufficient safeguards, but it did not take all of this into account to be sufficient.
The court found that Rwanda did not have an adequate system to assess asylum applications.
There is a real risk that the Rwandan authorities will deport asylum seekers without due process to a country where their lives and freedoms are at risk.
A previous agreement between the United Kingdom and Rwanda also provided for the establishment of an independent state.
On the establishment of the monitoring committee On the other hand, the new agreement presents details of the institutional structure of this body. By removing the uncertainties that the Supreme Court objected to, it now intends to provide adequate protection to asylum seekers affected by this measure.
Among other things, the Monitoring Committee ensures that asylum applications are assessed in accordance with the Convention. In the five-year period following the final assessment of the asylum seekers’ status, the Monitoring Committee is also entitled to assess applications and complaints submitted by applicants regarding their rights to be guaranteed in accordance with the Convention. The Monitoring Committee, composed of 8 independent members, establishes a procedure that gives persons resettled to Rwanda and their legal representatives the opportunity to lodge a complaint, both regarding the procedure and any of their rights, without revealing the identity of the person resettled to Rwanda. applicants and keeping their data confidential in case of possible reduction of benefits or other entitlements.
The Monitoring Committee also has the power to monitor full compliance with the provisions of the Convention. The asylum system in Rwanda is being strengthened by the establishment of a new Appellate Body. It consists of a Rwandan and a British Commonwealth co-chair, supplemented by judges of various nationalities with experience in asylum and humanitarian protection selected by the co-chairs.
