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British lawyers could be stationed in courts in Rwanda as part of a treaty to allow the UK government to send asylum seekers to the country.
Last month, the Supreme Court ruled the plans unlawful amid concerns about the Rwandan justice system.
Downing Street said in response that it would publish a treaty with Kigali to address the court’s concerns.
The BBC understands that Home Secretary James Cleverly could fly to Rwanda this week to finalise an agreement.
The policy, first announced in April 2022, would see some asylum seekers sent to Rwanda to claim asylum there.
Those not granted refugee status to stay in Rwanda could apply to settle there on other grounds or seek asylum in another “safe third country”.
The Supreme Court, the UK’s highest court, rejected the policy on the grounds that it could not be guaranteed the Rwandan courts would honour a principle of international law known as non-refoulment.
The principle forbids a country that receives asylum seekers from returning them to their country of origin if doing so would put them at risk of harm.
Following the decision, the government said it would seek a formal treaty with Rwanda, a move it believed would provide stronger legal guarantees than the current “memorandum of understanding”.
An agreement is now close, and could see British lawyers stationed in Rwandan courts as part of efforts to address the Supreme Court’s concerns, the BBC has been told.
The Sunday Times reported that the treaty would also give Rwanda an extra £15m to pay for additional staff to improve and expand its asylum processing system.
The UK has already paid the Rwanda government £140m for the scheme. The first flight was scheduled to go in June 2022 but was cancelled because of legal challenges.
The government has said it is “absolutely critical” that the first flights take off by spring next year.
Aside from the new treaty, Prime Minister Rishi Sunak has announced plans to introduce emergency legislation that would allow Parliament to designate Rwanda as a safe country.
Mr Sunak met the Rwandan president, Paul Kagame, on the sidelines of the COP28 climate summit in Dubai on Friday, though declined afterwards to say how much more money he was willing to spend to see the asylum policy delivered.
The Rwanda policy was proposed following a steady rise in recent years in the number of people arriving in the UK illegally via Channel crossings in small boats.
As of 13 November, 27,284 people had made the journey in 2023. Last year, 45,755 people made the crossing, the highest number since figures began to be collected in 2018.
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