UK: Sunak's Rwanda asylum proposal faces challenges

In a move to salvage the embattled Rwanda asylum plan and fulfil the pledge to "stop the boats," emergency legislation has been introduced by Rishi Sunak. The aim is to ensure that those not entering the UK by legal means could face being sent on a one-way trip to the East African country. 
However, the Supreme Court ruled the policy unlawful last month, concluding that it could not proceed in its current form. The court determined that there was a real risk that genuine refugees sent to Rwanda might be returned to their home country, where they would face "ill-treatment." To address these concerns, a fresh deportation treaty was signed by Home Secretary James Cleverly during his travel to the country's capital, Kigali, before the details of a proposed bill were outlined. The proposed bill is set to face its first parliamentary test on Tuesday.

What's new in the 'Rwanda plan'?

1. Comprising two parts, the aim is to make the deal legally watertight and avoid further setbacks that have hindered deportation flights under the stalled policy.
2. The treaty, requiring ratification by both the UK and Rwandan parliaments for international binding, focuses on assuring the Supreme Court that asylum seekers sent to Rwanda won't be removed to another country where they face persecution.
3. A new appeals process will be established for exceptional cases, with British and Commonwealth judges, along with Rwandan judges, presiding over appeal hearings.
4. The legislation is crafted to empower parliament to confirm Rwanda as a “safe country.”
5. To minimize domestic court delays, the legislation grants ministers the authority to disregard sections of the Human Rights Act, stopping short of dismissing the European Convention on Human Rights (ECHR).
6. The UK, one of the first to ratify the international treaty, remains committed to rules on rights to life, liberty, expression, and protection from torture, degrading treatment, and slavery, independent of its EU status.

Does the 'Rwanda Plan' matter?

1. The Safety of Rwanda (Asylum and Immigration) Bill faces criticism from Tory hardliners who argue it needs to be more robust.
2. Some hardliners propose allowing ministers to ignore asylum rulings by domestic judges and the European Court of Human Rights.
3. The perceived weakness in the bill led to the resignation of immigration minister Robert Jenrick.
4. Centrist Conservative MPs emphasize the importance of respecting the rule of law and the UK's international obligations.
5. Public divisions within the Conservative party pose challenges for Rishi Sunak as he navigates the legislation through parliament.
6. Tensions within the party are heightened by poor polling results for the Conservatives.
7. Some Tory MPs view reducing immigration as crucial for narrowing Labour's lead and want stronger measures against asylum seekers.
8. The government suggests the proposed bill goes as far as possible, considering the Rwandan government's stance on leaving the ECHR.
9. Ministers hint at potential compromises with rebels to address concerns surrounding the bill.

Is internal conflict within the party the sole issue currently affecting the government?

1. No. The bill must navigate through the Commons and the House of Lords, where the Tory administration lacks a majority, according to Sky News.
2. Opposition to relaxing human rights safeguards is expected in the House of Lords, particularly from leading lawyers.
3. Concerns are fueled by the home secretary's inability to guarantee compatibility with the ECHR.
4. Critics in the unelected chamber may argue that the Rwanda plan, not being a manifesto commitment, is not subject to the usual convention of not delaying an election pledge.
5. The government cannot use powers under the Parliament Act to force through the legislation due to the upcoming election.