The UK-Rwanda Asylum Agreement: Critical Analysis and Human Rights Implications

This thesis explores the impact of the process of externalisation on the asylum field, with a specific focus on the UK-Rwanda Asylum Partnership Arrangement (APA) signed in April 2022. The Arrangement proposes the transfer of irregular asylum seekers who reach the UK to Rwanda for processing, protection and repatriation. The UK's plans to externalise refugee protection have raised concerns over its compliance with international human rights and refugee law. Despite criticisms, the Home Office plans to sign similar deals with other countries. The paper begins by defining externalisation and reviewing its history globally, particularly in the United States, Australia, Europe and the United Kingdom. The legal issues surrounding externalisation are identified, particularly whether refugee and human rights law remain applicable to practices undertaken outside the State's own territory. The thesis then delves into a thorough analysis of the APA and its compatibility with international human rights and refugee law, including an examination of the European Court of Human Rights decision to block the deportation of asylum seekers to Rwanda in June and the UK's response to it. Additionally, the thesis examines the concept of a "safe third country" and its assessment criteria. The analysis reveals a lack of consensus and highlights problems such as discrimination, reduced protection, chain refoulement, and misuse of economic power. It identifies potential concerns for the UK's Rwanda plan and analyses Rwanda's human rights record and treatment of asylum seekers transferred there as part of its deal with Israel. In conclusion, the thesis criticizes the legal and ethical foundation of the UK-Rwanda APA, discussing its inconsistencies with international law on non-refoulement, non-discrimination, and non-penalization. The study also reflects on the future of externalisation, considering its impact on other countries and the potential establishment of a precedent.