The government has proposed changes to the 2014 law on refugees and migrants, including legal provisions that will enable the implementation of a migration treaty signed between Rwanda and the UK government in December 2023.
The bill, tabled before Parliament on Wednesday, April 17, specifies the rights, obligations and assistance of refugees and applicants for refugee status.
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Among the gaps in the current law is the lack of provisions needed to implement the UK-Rwanda agreement, according to the bill’s explanatory note.
The law has no provisions about the application for refugee status by a person living lawfully in Rwanda and who is unable to return to his/her country due to the events not allowing him/her to return, it said.
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While it determines that the Minister in charge of refugees can review an appeal by a person denied refugee status, it does not explain how that should be done.
Under the UK-Rwanda treaty, which was approved by the Rwandan Senate in March, the UK government wants to send asylum seekers to Rwanda in a bid to stop illegal migration.
A bill that will allow the UK government to send asylum seekers and migrants to Rwanda is being debated in the UK House of Lords.
According to UK Prime Minister Rishi Sunak’s office, flights to Rwanda should begin within weeks.
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Asylum claims by those sent from the UK will be able to be processed in Rwanda.
A special court will be set up in Rwanda to cases related to refugees and asylum seekers.
New changes
The 2014 law "does not provide judicial procedure to appeal against the decision of the Minister when an asylum application is rejected, whereas the Law determining the jurisdiction of courts, gives the High Court jurisdiction to adjudicate cases relating to the applications for asylum,” the note reads.
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The bill provides that the Directorate General of Immigration and Emigration (DGIE) will have the full responsibility to decide on files of applicants for refugee status.
The bill provides for an appeal tribunal that will handle claims of applicants who are not satisfied by the decision of the DGIE.
Those not satisfied by the decision of the Appeal Tribunal can file their claims to the High Court.
The bill determines that a person who lives lawfully in Rwanda and is unable to return to his or her country may apply for refugee status before expiration of his or her residence permit.
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If an applicant is denied refugee status, he or she exits the country or may apply to stay without being a refugee in accordance with relevant laws.
With regard to assistance to refugees and applicants for refugee status, the Rwandan government and partners will jointly participate. A partner, organisation or individual that wishes to assist refugees and applicants for refugee status requests authorisation from the Ministry in charge of refugees.
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The bill determines that without prejudice to other laws, refugees and applicants for refugee status enjoy the rights and liberties provided for by international treaties on refugees and applicants for refugee status ratified by Rwanda and other agreements signed between Rwanda and other countries.
They also have an obligation to comply with laws, international treaties ratified by Rwanda, regulations in force in Rwanda as well as measures for public security and order.
The bill also determines the establishment of a database of profiles and other information about refugees and applicants for refugee status. The DGIE and the Ministry regularly share information regarding the management of refugees.