A Legal Analysis of the Rwanda-Scheme, A Threat to International Humanitarian Refugee Law?

Abstract

This dissertation will critically examine the Rwanda-Scheme which was part of the policy of the government of the United Kingdom (UK) starting in 2022. The research seeks to contribute to the existing legal and academic literature in the area of international humanitarian refugee law (IHRL) as it pertains to refugees. This research will analyse the legal challenges raised by the UK Supreme Court (UKSC) as well as the international legal obligations binding on the UK, while placing the scheme in a wider context of the gradual securitisation of asylum, shifting refugee policy from established principles of international and domestic law. 

The Safety of Rwanda Act 2024 (SoRA), introduced following the UKSC’s judgment in response to its findings, further demonstrates a significant departure from Convention, with far-reaching implications for refugees and the UK’s standing in relation to its international legal obligations. The subversion of which, is not only being rationalised but also practically applied, as will be demonstrated through a comparison with Australia’s ‘Pacific Solution’ in Nauru. 

In acknowledging that such a scheme is not unprecedented given the evolving political climate, it is likely to arise again in some capacity, this dissertation will analyse the human rights concerns associated with the implementation of externalised asylum. 

This dissertation concludes with recommendations and principles for the government to uphold its obligations to refugees. Through a deep and analytical critique, this dissertation contributes to a more contextualised and holistic understanding of the Rwanda-Scheme and its wider implications for international humanitarian refugee law (IHRL). 

While the Rwanda-Scheme has been the subject of public and legal scrutiny, this dissertation bridges the gap in the academic literature that has yet to fully engage with the Scheme holistically by contextualising the Rwanda Scheme as a manifestation of the continued externalisation and securitisation of asylum. 

By juxtaposing the UK Scheme with Australia's ‘Pacific Solution’, this dissertation contributes a novel perspective that highlights the broader shifts in IHRL.

Keywords: International law, International Human rights law, Externalisation, Asylum, UK Rwanda Scheme, International Refugee Law, Human Rights, Refugee