JCWI sheds light on Rwanda plan, shares contacts for legal support

Joint Council for the Welfare of Immigrants, JCWI, has shared details of what any interested person (s) need to know about the UK Rwanda plan.

This includes contact of legal support that those involved can reach out to for assistance.

Read below the details provided by JCWI.

In April 2024, the UK passed the ‘Safety of Rwanda’ Act and ratified a Treaty with Rwanda to forcibly send people seeking safety to Rwanda. If you are sent to Rwanda, you will not be allowed to come back to the UK except in extremely limited circumstances. Rwanda can only take a limited number of people so most people will not be sent there. The Government said they are planning the first flight this summer.

This policy likely breaches human rights and international law like the Refugee Convention. So it is possible that no one will be sent to Rwanda because of legal challenges or other issues. Here is what we know so far:

Who can the Home Office try to send to Rwanda?
You may be at risk if you are an adult (over 18 years) who don’t currently have a visa in the UK, and you are in one of these two groups:

1. You claimed asylum on or after 1 January 2022 and:

you came on a “dangerous” journey and passed through another country where you could have claimed asylum (for example, by coming on a small boat from France or a lorry from Belgium), and
you have not been granted refugee status in the UK. If your asylum claim has been admitted (for example, you have been invited to an interview or sent a questionnaire), you should not be at risk of being sent to Rwanda, unless the Home Office has new evidence to say they will not consider your claim (this is known as “inadmissibility” and is different to your claim being refused or withdrawn).

Are there any exceptions?
Yes. The Government said they will not send children, family members of children in the UK, or Rwandans. They also cannot send people who show specific risks of serious and irreversible harm.

What happens if I am at risk?
The Home Office can detain you and take you to an immigration detention centre before they can put you on a plane to Rwanda. In this time, you can challenge the Home Office decision.

Before or after you are detained, the Home Office will send you a ‘notice of intent’ (NOI) that you may be removed to a ‘safe third country’ including Rwanda.

If you were waiting for your asylum decision, the Home Office will also send you the decision that your asylum claim is “inadmissible”, meaning they will not consider your asylum claim in the UK.

During this process, the Home Office may offer you a “voluntary departure” to Rwanda. This is completely voluntary and you can say no. Read more about voluntary departures here.

Can I challenge the Home Office decision?
Yes. Under the Rwanda Act, you can challenge the decision to send you to Rwanda on personal grounds if Rwanda is not safe for you or you have a human rights claim to stay in the UK.

It is important you get legal advice from a lawyer who is an expert in these cases. You are likely to be eligible for legal aid, i.e. free and independent legal representation which covers the cost for your lawyer, interpreter, and expert evidence.

You only have a short time to respond to the Home Office – your NOI letter will tell you how much time you have (if your asylum claim is ruled “inadmissible”, you have 7 days if you are in detention or 14 days outside detention; if your asylum claim has been refused or withdrawn, you have at least 5 working days whether you or not you are in detention). If you need more time, you can ask for an extension.

If your asylum claim was refused, withdrawn or treated as withdrawn, you can also appeal that decision or make a new claim. If you succeed, you will be granted refugee status in the UK.

If you are detained, you can challenge your detention and apply for bail.

What are some reasons I should not be sent to Rwanda?
There are different legal reasons depending on your personal situation. Some examples include:

You are gay, lesbian, bisexual, trans or queer and it would not be safe for you to express your gender or sexuality in Rwanda;
You want to express your opinion against the Rwandan government, for example against the UK-Rwanda policy or against the conditions of refugees in Rwanda;
Being sent to Rwanda would cause you severe mental or physical suffering that you can claim for protection under Article 3 of the European Convention on Human Rights;
You have family life in the UK that you can claim for protection under Article 8 of the European Convention on Human Rights.
Your lawyer should advise you based on your situation.

What can I do?
If you think you might be sent to Rwanda, find a lawyer as soon as possible:

● JCWI: 0207 553 7472 (Mon, Tues, Thurs, 10am – 1pm), info@jcwi.org.uk

● BID: 020 7456 9750 (Mon-Thurs 10am – 12pm), RwandaProject@biduk.org

● Wilsons LLP legal aid solicitors: 020 8808 7535, rwandareferrals@wilsonllp.co.uk

● Duncan Lewis solicitors: 020 7275 2570, toufiqueh@duncanlewis.com

● Care4Calais Rwanda support: 07519773268 (WhatsApp), detention support: 0800 009 6268

● Rainbow Migration (for LGBTQI+ people seeking asylum): hello@rainbowmigration.org.uk