Priti Patel has been urged to disclose the documents and criteria underlying her plans to ship refugees to Rwanda as two legal challenges are launched against the policy.
The Home Office has received two pre-action letters this week warning the plan, which the prime minister said will see tens of thousands of asylum seekers sent to the East African country to have their claims decided, is unlawful.
It has also emerged the immigration watchdog has asked the department for details of the as-yet unpublished assessment of Rwanda’s human rights record, which was conducted before the deal was signed, but has not yet been published.
The independent chief inspector for borders and immigration’s team wrote to the Home Office on Tuesday requesting information on the scope, nature, and status of the report resulting from this assessment.
Country policy and information reports are published on the government website and kept under review constantly.
One of the legal challenges, launched on behalf of the civil service union (PCS), Detention Action and Care4Calais, argues that the removal of individuals to Rwanda under the proposed scheme would be unlawful as the policy penalises asylum seekers on the grounds of their irregular entry, in contravention of the Refugee Convention.
The pre-action letter, sent by the charities’ lawyers at Duncan Lewis, also challenges the home secretary’s failure to disclose the criteria dictating which people seeking asylum will be transferred by force to East Africa and which will remain in the UK.
A second pre-action letter, sent by law firm Leigh Day on behalf of charity Freedom from Torture, raises “serious concerns about the lawfulness of the policy” and requests disclosure of information about it, including documents outlining the policy and risk assessments.
Mark Serwotka, PCS general secretary, said: “PCS is bringing this action on behalf of our members in the Home Office who will be expected to implement this policy; and on behalf of the refugees affected by it.
“We have asked the Home Office for details of what precisely they expect our members to do in respect of this policy and the legal basis for it. Nothing has been forthcoming. They are again playing fast and loose with our members’ safety and well-being.”
It comes a day after Ms Patel abandoned her pushbacks policy, less than a week before she was due to face similar legal challenges by Freedom from Torture and other organisations in the High Court.
Bella Sankey, director of Detention Action, said: “We believe that this entire policy is unlawful, both the secrecy surrounding the selection criteria and the whole premise of penalising refugees, by expulsion to Rwanda, for fleeing without papers and permission.
“The rule of law is fundamental to our constitution, and despite this government’s clear disdain for it, we will hold them to account.”
Sonya Sceats, chief executive at Freedom from Torture, said: “We shouldn’t have to resort to legal action for this government to treat refugees with basic human dignity - but here we are again.
“This cruel plan is not only deeply immoral and likely unlawful, it would also deny torture survivors and others access to vital trauma services like those provided by Freedom from Torture.”
In a speech earlier this month outlining the Rwanda agreement, Ms Patel said: “The British people are fair and generous when it comes to helping those in need, but the persistent circumventing of our laws and immigration rules and the reality of a system that is open to gaming and criminal exploitation has eroded public support for Britain’s asylum system and those that genuinely need access to it.
“Putting evil people smugglers out of business is a moral imperative. It requires us to use every tool at our disposal – and also to find new solutions.
“That is why today’s migration and economic development partnership with Rwanda is such a major milestone.
“This agreement fully complies with all international and national law, and as part of this ground-breaking agreement, the UK is making a substantial investment in the economic development of Rwanda.”
A Home Office spokesperson said: “Our new migration and economic development partnership with Rwanda fully complies with international and national law. We will defend any legal challenge robustly.
“Rwanda is a fundamentally safe and secure country with respect for the rule of law. No one will be taken to the country if it is not safe to them.”
