Explained | UK's plan to deport asylum seekers to Rwanda

In recent years, the UK has seen a massive surge in asylum seekers arriving by boat by crossing the English Channel.

The UK government's controversial proposal to send select asylum seekers to Rwanda was on Thursday ruled 'unlawful' by the Court of Appeals, one of the top courts in the country, dealing a blow to Prime Minister Rishi Sunak's vow to stop migrants from arriving to the UK in small boats.

In the three-judge ruling, the court overturned a previous high court decision that held that Rwanda could be considered a safe third country for asylum seekers.

The judgement summary of Thursday's decision further held that sending asylum seekers to Rwanda would breach the European Convention on Human Rights (ECHR), reported CNN.

PM Sunak, however, has confirmed that his government will appeal the ruling in the Supreme Court.

Read | UK government plan to deport migrants to Rwanda is unlawful, court rules

In view of Thursday's court ruling, we explain the legal battle over the deportation of asylum seekers and the context in which it took shape.

Asylum seekers to the UK:

In recent years, there has been a considerable surge in the number of asylum seekers, defined by the UN as people who have applied for shelter in protection in a country different from their country of origin, arriving to the UK by crossing the English channel on boats.

According to a report by BBC, while less than 10,000 people a year crossed the English channel to arrive in the UK in 2019 and 2020, that number shot up to nearly 30,000 in 2021.

In 2022, more than 45,700 people used the same route to the UK, making it the highest figure since record-keeping began.

This year, the tally has already crossed 10,000, and, as per its current statistical trajectory, could surpass 2021 figures.

Meanwhile, UK has more than 133,607 asylum applications pending.

The deportation plan:

Against the backdrop of a spike in the annual number of asylum seekers to the UK, former Prime Minister Boris Johnson had announced the measure to stop the flow of small boats crossing the English Channel.

The plan comprises a five-year trial that would see select asylum seekers to the UK sent to Rwanda on a one-way ticket to seek asylum there.

Those who meet the required criteria may be granted refugee status by Rwanda, thereby allowing for them to stay on in the African nation. Those not granted permission, however, would have the option to seek asylum in another "safe third country" or apply for settlement in Rwanda on different grounds.

Further, under the deal, Rwanda can also ask the UK to give asylum to some of its most vulnerable refugees.

The UK government held that the plan would discourage individuals from resorting to "illegal, dangerous or unnecessary methods" such as crossing the English Channel to arrive in the country for asylum.

In April 2022, the plan was enacted, after the governments of the UK and Northern Ireland signed a Memorandum of Understanding (MoU) with the Rwandan government.

Despite the enactment of the plan, no asylum seeker has been sent to Rwanda thus far—the first flight, slated to take place in June 2022, was cancelled due to legal challenges.

Under the deal, the UK has so far paid the Rwandan government £140 million, but according to BBC, the overall cost of the scheme is yet to be ascertained.

Supporters and detractors:

The plan, perhaps expectedly, found strong support among Conservative quarters, while it was overwhelmingly rejected by Labour voters, as per a YouGov poll report in April 2022.

The poll further found that overall, 42 per cent of respondents disagreed with the plan, while 35 per cent were in support.

The plan was also heavily criticised by rights groups, who pointed out deficiencies in the Rwandan asylum system and the poor humanitarian record of the African nation.

Even the UN refugee agency, UNHCR, voiced its opposition to the plan, with Assistant High Commissioner for Protection Gillian Triggs saying, "UNHCR remains firmly opposed to arrangements that seek to transfer refugees and asylum seekers to third countries in the absence of sufficient safeguards and standards."

The Rwandan government, however, defended the plan with President Paul Kagame dismissing allegations that the UK was paying the government to 'trade' human beings.

“We are not trading human beings, please, we are actually helping," Kagame was quoted as saying by Africa News in April last year.