THE PROTECTION OF IRREGULAR MIGRANTS AND ASYLUM SEEKERS UNDER INTERNATIONAL LAW CASE STUDY OF THE AGREEMENT BETWEEN RWANDA AND UK

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.