The UK’s Rwanda Asylum Policy and the Courts: reflections on the Constitutional Consequences?

Il piano britannico sull’asilo in Rwanda e le corti: riflessioni sulle conseguenze costituzionali?

Abstract

This article is divided into four linked parts. The first provides an evaluation of the Supreme Court judgment in the so called Rwanda case which undermined the Conservative government’s policy to send asylum seekers to Rwanda, rather than process their applications in the UK. The second section gives a critical assessment of the government’s response by discussing the treaty negotiated with Rwanda and the controversial nature of the follow-up legislation. In light of the recent NIHRC case the third section speculates on possible legal challenges to the Act assuming the measures included within it were to be subject to legal challenge. In light of the political and constitutional debates over the Brexit period the final section draws attention to a deliberate strategy by populists to discredit the ECHR and rights protection, and, at the same time undermine the constitutional role of the courts.

Keywords: Rwanda Asylum Policy; Immigration; ECHR; Populism; UK.