The UK's weekly Observer newspaper reported that in recent months, several Rwandan nationals have been granted asylum in the UK due to suffering persecution on account of being members of opposition parties.

The report was based on documents obtained from the Home Office, the UK's interior ministry.

This casts yet another shadow over UK plans to outsource asylum procedures to Rwanda.

The Conservative party government under the leadership of three prime ministers, most recently under current Prime Minister Rishi Sunak, has been trying for almost two years to make Rwanda its asylum center, facing one legal hurdle after the next -- chiefly due to Rwanda's human rights record.

Supreme Court: Rwanda not safe third country

The plan was recently declared unlawful by the UK's own Supreme Court. Senior judges voiced concerns about outsourcing the UK's asylum procedure to Rwanda, saying adherence to Britain's human rights standard could not be guaranteed in the East African country.

It specifically highlighted that after a review of the current state of the rule of law in Rwanda, it could not be ruled out that people sent there from the UK would not possibly be deported back to their countries of origin.

In technical migration terms, this would mean that Rwanda cannot be deemed a safe third country -- let alone safe for its own citizens with dissenting views.

Also read: Rwanda explained: From politics to human rights and refugees

From Commons to Lords to Commons

In response to this ruling, Sunak's government launched parliamentary proceedings in early January to declare Rwanda a safe third country by law.

Last week, the legislation succeeded in the House of Commons.

The so-called "Safety of Rwanda (Asylum and Immigration) Bill" will now face scrutiny in the House of Lords. In light of recent revelations about Rwanda's track record of protecting its own people, it could face a long list of revisions.

The bill will be debated in the House of Lords for a second reading on Monday. Once the Lords pass changes on the bill, it will go back in its amended form to the Commons.

Sunak's spokesperson meanwhile said that after recent changes to the legislation passing through Commons, the government was "confident our legislation is compliant with our international obligations."

Grounded flights and human rights

According to the UK government, the planned measure is intended to deter people from crossing the English Channel. The bill is designed to be particularly hard on migrants who arrive in the UK using irregular methods -- such as crossing the English Channel from France or Belgium by boat.

Once the law is enacted, it would mean that nearly all irregular migrants would be taken to Rwanda without having a right to have an asylum application examined in the UK, and would instead have to apply for protection there.

If Rwandan authorities deemed their cases for protection legitimate, they would be given asylum there and not returned to Britain.

Amid all the legal challenges, no flights deporting migrants to Rwanda have taken off from the UK since the plan was first tabled two years ago.

Also read: UK government pledges to push Rwanda plan through at all costs

Two years of legal limbo

A year before the UK Supreme Court ruling, the Rwanda plan had already been declared unlawful by the European Court of Human Rights (ECHR) in 2022, to which the UK is a signatory.

In June 2022, the ECHR issued a so-called interim measure designed to block the UK's plans, resorting to rule 39 of the court, which fast-tracks decision whenever there is imminent risk of irreparable harm.

Last week, a top ECHR judge reiterated that as a signatory to the Strasbourg court, the United Kingdom had a legal obligation to respect and implement its rulings blocking the deportations of migrants to Rwanda.

ECHR President Siofra O'Leary stressed that the UK would be breaking international law if it ignores the court's rulings.

Sunak's spokesperson meanwhile made clear that the UK was prepared not to comply with the ECHR as "we do not think foreign courts should stop flights taking off."

Also read: UK-Rwanda migrant deal: European Court reminds UK of 'legal obligation' to comply

Desperate times, desperate measures

With an election due to take place in the UK later this year in which Sunak's Conservatives are widely expected to lose their majority, the Prime Minister appears to be trying to push the party's signature immigration policies through in a bid to shore up waning support among right-wing voters.

Sunak has vowed to carry out the first deportation flight to Rwanda in the coming months -- before elections are due in the second half of the year.

Also read: British PM starts election year with long shadow of immigration hanging over his head

with dpa, AFP