The principle of non-refoulment prohibits countries from removing people from their jurisdiction if they are at the risk of harm

In late April 2024 the British parliament passed a law – the Safety of Rwanda Act – enabling it to transport migrants arriving in the UK to Rwanda. When the legislation was approved by parliament, there were 52,000 asylum seekers who could potentially be sent to Rwanda.

The law has been condemned by a range of UN actors, human rights lawyers and activists.

As a scholar of international law – with a particular focus on the protection of asylum-seekers, refugees, migrants – one of my biggest concerns is that the UK’s Safety of Rwanda act flouts one of the fundamental principles of international law: the principle of non-refoulement. The principle prohibits countries from transferring or removing people from their jurisdiction or control when there are substantial grounds to believe that they could be at risk of irreparable harm. This includes torture or other cruel, inhuman or degrading treatment.

“Substantial grounds” is determined by the host country. However, international agencies (like UNHCR) can intervene. Courts in the US interpret “substantial grounds” as a situation in which an individual “is more likely than not” to be at risk of irreparable harm.

Countries are obliged not to send people to countries where they could suffer harm. If they deserve asylum, refugee status should be granted. Otherwise, they should be provided with an alternative form of protection.

Opponents of the UK’s policy argue that removing asylum-seekers to Rwanda would violate this principle.

A group of human rights experts who advise the UN human rights body have already warned that airlines and aviation authorities could be at risk of violating the law by facilitating removals to Rwanda from the UK. This is because the experts believe asylum seekers could be at risk of being sent into a situation where their basic rights could be in danger.