Abstract:
Migratory movements occur across the world and particularly towards developed countries. To
that end, every country has become either country of origin, transit or destination, or a combination
of the three.1Migration in irregular situationsis currently taking serious dimensions and alarming
proportions that may threaten peace, stability and security, as well as economy and must be
addressed through a comprehensive approach.2
Migrants and asylum seekers are both protected under international law and domestic laws of the
nations. Migrants are protected irrespective of their status or reasons of migrations,3 while asylum
seekers receive the general protection granted under international refugee law. Some countries
such Denmark and recently UK attempted to change their migration policy to curb the issue of
migration in irregular situation. Those policies are meant make it difficult for migrants and asylum
seekers to gain entry into the United Kingdom.
The Memorandum of Understanding (MoU) between the UK and Rwanda for the provision of an
Asylum partnership arrangement that is applicable to anyone who is deemed to have
arrivedillegally in the UK since 1 January 2022 to be relocated to Rwanda, received much of
criticism.4 It has been controversial to resonate with the UK’s New vison for refugees which
included the processing of asylum seekers in transit states after arrival in the EU. The MoU was
challenged by both UK High court and European Court of Human Rights which provided interim
measures regarding the first flight plan. Both the decisions of the courts considered the MoU as
being incongruent with international refugee and human rights laws , and thus shifting the UK
respective obligations under those instruments to Rwanda.
