UK's Rwanda bill is doomed for political failure

[muriel_volestrangler]

3. Technically, those grounds for asylum were removed in an act last year, and the Tories rejected an amendment

in this one which would have brought back the grounds.

Last week the House of Commons rejected a Lords amendment tabled by Baroness Butler-Sloss [a retired Lord Justice of Appeal - ed] which would have prevented suspected victims of modern slavery (those with reasonable grounds National Referral Mechanism decisions) from being removed without their consent, and prevented confirmed victims (those with conclusive grounds NRM decisions) from being removed without a “decision-maker considering whether such removal would negatively affect the physical health, mental health or safety of that person, including in particular the risk of re-trafficking.” The Commons initially rejected the amendment on the basis that “provisions for modern slavery and human trafficking victims are set out in existing legislation.” When the Lords insisted, the Commons inserted the annual reporting obligation which appears in the Act. The reporting function in the RA will not prevent suspected and confirmed VOS [Victims of Slavery] being removed against their consent.

The effect of the lack of protection for VOS in the RA [Rwanda Act] is dependent on provisions of the Illegal Migration Act 2023 (“IMA”) which, at the time of writing, have not yet been brought into force. Once they are, the combination of the IMA and RA will decimate the domestic law framework to protect victims of slavery. The SSHD [Secretary of State for the Home Department] will be under a duty, under s 2 of the 2023 Act, to remove as soon as reasonably practicable all suspected and confirmed victims of slavery who entered the UK without leave (other than those who came directly from a country in which the person’s life and liberty were threatened by reason of their race, religion, nationality, membership of a particular social group or political opinion) after 20 July 2023 (unless that date is amended by regulations under s.3 IMA). The duty will apply regardless of reasonable grounds/conclusive grounds status. The current systems under which a recovery period must be granted to suspected victims, and temporary leave to remain may be granted to confirmed victims will not apply (unless the victim falls into a very limited exception relating to criminal investigation and proceedings)_- IMA 2023, s 22.

https://ukconstitutionallaw.org/2024/04/25/james-robottom-the-safety-of-rwanda-act-slavery-and-the-common-law/

That article goes on to argue that Common Law provisions make a case for victims of trafficking or slavery not to be deported to Rwanda, because there's a significant risk there of re-trafficking. But relying on Common Law is risky - it's far easier to dispute.