The UK government's Rwanda plan for asylum seekers is “incompatible with UK’s fundamental obligations”, the UN Refugee Agency has told the High Court.
Legal action is being brought against the policy announced by outgoing Home Secretary Priti Patel by several asylum seekers, along with the Public and Commercial Services union (PCS) and charities Care4Calais and Detention Action.
Ms Patel announced the “world-first” agreement with Rwanda agreement in April in a bid to deter migrants from crossing the Channel by providing one-way tickets to some asylum seekers.
However, the first deportation flight – due to take off on June 14 – was grounded amid a series of legal challenges.
On Tuesday, UNHCR – the UN Refugee Agency – told the court that Rwanda “lacks irreducible minimum components of an accessible, reliable, fair and efficient asylum system”.
“There are serious defects in the Rwandan refugee status determination system,” said Laura Dubinsky QC, for UNHCR.
“There can be no realistic prospect of improvement where defects are not recognised but denied by the government of Rwanda,” she added.
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Ms Dubinsky later said in written submissions that the policy was a “burden-shifting arrangement” that would lead to a serious risk of refoulement – that people would be expelled or returned to a country where their life and safety might be in danger – and that it goes against the Refugee Convention’s prohibition against penalising refugees for entering a country illegally.
“UNHCR regrets, particularly in relation to one of the founding states of the Refugee Convention, that it is necessary for it to warn that the UK-Rwanda Arrangement is incompatible with UK’s fundamental obligations under the Refugee Convention,” The barrister concluded.
Judges previously heard that UNHCR has been in Rwanda since May 1993, with more than 300 people working in the country as of June this year.
In written submissions, Ms Dubinsky said that Home Office officials “have acknowledged, internally, their lack of any other independent verification concerning the position on the ground in Rwanda”.
The barrister later argued that some asylum claims are improperly rejected by the Rwandan Directorate-General of Immigration and Emigration (DGIE) without proper consideration, “effectively hidden from view”.
“The fact that a part of the Rwandan asylum system sometimes operates outside of Rwandan law… significantly increases the risk of arbitrary decision making,” she said.
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The court heard that the government of Rwanda denies that the DGIE makes these decisions.
In written submissions, lawyers for the asylum seekers and charities said that UNHCR had raised concerns with Home Office officials in March over the treatment of asylum seekers from the Middle East or who are LGBT.
They said UNHCR reported that asylum-seekers from the Middle East were “systematically rejected in their claims” for asylum in Rwanda with a 100 per cent refusal rate for Afghan, Syrian and Yemeni people.
Raza Husain QC, for some of the individuals, the charities and the union, added that the UN agency had “consistently received reports that LGBTQ+ asylum seekers are not able to register their claims based on their sexual orientation or gender identity because their claims are verbally rejected”.
The court heard that the government of Rwanda denies refusing access to LGBT asylum seekers, calling the allegation “demonstrably untrue”.
The Home Office is defending the claims, with lawyers arguing the memorandum of understanding agreed between the UK and Rwanda provides assurances that ensure everyone sent there will have a “safe and effective” refugee status determination procedure.
The Home Office legal team, which includes Lord Pannick QC and Sir James Eadie QC, also argued there is no risk of those who are not granted refugee status in Rwanda being removed to their country of origin.
“All the individual claimants who have received removal directions for removal to Rwanda have been pre-approved by Rwanda for the purposes of processing their asylum claims," they said in written submissions.
“There is no risk of them being refused entry.”
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The barristers, who are due to begin their oral arguments on Wednesday, added: “Rwanda does not conduct forcible removals to the countries of which these claimants are nationals.”
The government’s lawyers added there was no risk of indirect refoulement as “the only country they could be returned to is the UK”.
They added the UK’s agreement with Rwanda provided “assurances” on “concerns” over with the east African country’s refugee status determination procedure raised by UNHCR.
The hearing is due to last for five days, with a second hearing in a claim brought by the group Asylum Aid taking place in October.
Decisions on both sets of claims are expected to be given in writing at the same time.
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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
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Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
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