By BERNA NAMATA

UK’s Supreme Court has ruled that there were substantial grounds to believe that genuine refugees sent to Rwanda could be at risk of being returned to countries from which they have fled – where they could be subject to inhumane treatment.

In a unanimous decision, the five top justices on Wednesday said the Court of Appeal was right to conclude in June that there had not been a proper assessment of whether Rwanda was safe.

Reversing an earlier decision that had deemed it safe, a UK High Court of Appeal had said Rwanda is not a safe third country for asylum seekers due to deficiencies in its asylum processes. 

Read: UK court says Rwanda still not safe for asylum seekers

The latest decision is a major setback for both the UK and Rwanda which are actively promoting the arrangement to UN agencies and other countries as an innovative solution for a “broken” international refugee protection regime.

They contend it will deter criminality, exploitation and abuse and support the humane and respectful treatment of refugees.

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For Rwanda, while the deal doesn’t create any legal obligations between the parties, it says it remains committed to implementing the memorandum of understanding signed in April 2022.  

“This is ultimately a decision for the UK’s judicial system.

Read: Challenges that dog UK asylum seekers deal with Rwanda

“However, we do take issue with the ruling that Rwanda is not a safe third country for asylum seekers and refugees, in terms of refoulement. Rwanda and the UK have been working together to ensure the integration of relocated asylum seekers into Rwandan society,” UK government said in statement saying it remains “committed to its international obligations, and we have been recognized by the UNHCR and other international institutions for our exemplary treatment of refugees”.

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