User:Bklynneurope/Non-refoulement

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In 2022, the UK government proposed the Rwanda asylum plan, which aims to deport migrants who enter the UK illegally to a “safe” third country, Rwanda. The policy has faced legal challenges because it violates non-refoulement. The European Court of Human Rights (ECtHR) ruled in June 2022 in N.S.K. v. the United Kingdom (28774/22) that the UK government’s plan violates the European Convention on Human Rights (ECHR) because once in Rwanda, migrants “would not have access to fair and efficient procedures for the determination of refugee status,” thus violating their rights. Additionally, the court found that "persons relocated to Rwanda may be at risk of detention and treatment not following international standards should they express dissatisfaction or protest at their conditions after arrival.” Once in Rwanda, migrants might not be able to seek legal recourse as Rwanda operates outside the jurisdiction of the ECtHR, and there is an "absence of any legally enforceable mechanism for the applicant’s return to the United Kingdom in the event of a successful merits challenge before the domestic courts." In November 2023, the UK Supreme Court ruled that the policy is illegal under UK domestic law and international obligations because the policy continues to violate non-refoulement.