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There is still no evidence that Rwanda is a safe country to send asylum seekers, the Law Society of England and Wales has warned as the Rwanda Bill heads to its final parliamentary stages.
The society said it remains “seriously concerned” that the legislation is incompatible with the UK’s international obligations.
The bill enters report stage in the House of Lords this week but the Law Society said it “sets a dangerous legal and constitutional precedent by legislating to overturn an evidence-based finding of fact by UK courts”.
“The Society contends that very significant amendments to the Bill are needed. The Bill, as it currently stands, is constitutionally improper, bars access to justice and is unworkable,” it said.
The Safety of Rwanda Bill was tabled by the Government in an effort to see off future legal challenges to its scheme to send asylum seekers to Rwanda by requiring UK courts to consider it a safe country.
Previously, the High Court ruled the scheme was unlawful, citing concerns about Rwanda’s human rights record and the risk of refoulment – when an asylum seeker is returned to an unsafe country.
Ministers also struck a new treaty with Rwanda in response to the legal challenges which aimed to seek further assurances surrounding the scheme, but this has not yet been ratified by the UK or Rwanda parliaments.
Nick Emmerson, the society’s president, questioned the Government’s assertions that the new treaty was “sufficient” to ensure the country was safe.
“We are deeply concerned that the Government does not know whether the safeguards in the treaty are yet operational, or even when they will be.
“These questions are imperative for Parliament to be able to consider whether Rwanda is a safe country and conclusively deem it to be one in law.”
Mr Emmerson highlighted that during debates in the Lords, ministers were unable to confirm what “effective” system was in place to prevent asylum seekers being sent back to unsafe countries.
“Ministers were also unable to confirm whether the Rwandan asylum law needed to implement the treaty has been drafted or that it will be in place when the Rwanda Bill comes into force.”
It comes as the Liberal Democrats have called for the Rwanda legislation to be delayed until the Government can appoint a new Independent Chief Inspector of Borders and Immigration.
Lib Dem peers have tabled an amendment that would stop the act from coming into force until a new chief inspector is in post, with the party arguing that no independent inspections will be able to be conducted in the interim.
Lord Newby, who leads the party in the Lords, said: “People’s lives are at stake with this Bill. Our amendment would mean that the Conservative Government would really be held accountable for how it treats those eligible to be sent to Rwanda.”
David Neal, who had held the post since March 2021, was sacked last week after he publicly criticised border security measures at City Airport.
He has since openly the “shocking leadership” at the Home Office, telling a select committee hearing last week that he was removed “for doing his job”.
