James Harness
Live reporter

Home Secretary James Cleverly has today inked a new treaty , externalwith the Rwandan government - which he says will allow his own ministers to clear remaining legal hurdles with their signature asylum policy.

Whether this allays the concerns of judges will be something for the courts to decide.

This live page is closing now, but you can head here for our report on today's news, and we have an explainer article here.

The reporting on this page was from Owen Amos, Simran Sohal, Jacqui Howard, Barbara Tasch, James FitzGerald and me.

Image source, Reuters

With Home Secretary James Cleverly's visit to Rwanda finishing up, this is where we will wrap up our coverage, too.

Here are the key things to take away:

• Cleverly and Rwandan Foreign Minister Vincent Biruta signed a treaty they say addresses all the concerns that blocked the UK government's Rwanda asylum scheme in Supreme Court

• When the plan was initially announced last year, the government said "anyone entering the UK illegally" could be sent to Rwanda, believing it would deter people arriving in the UK through "illegal, dangerous or unnecessary methods"
• Last month, the UK Supreme Court ruled the scheme unlawful, over concerns people deported to Rwanda could then be sent on to places where they would be unsafe
• After Cleverly and Biruta signed the treaty, the UK government released a statement announcing further amendments meant to address the court's concerns.
• The UK government is planning to unveil emergency legislation to try and heed off further legal challenges

• Labour has yet to react to Cleverly signing the treaty. But earlier, as Cleverly was flying to east Africa, shadow home secretary Yvette Cooper described the plan as a "failing policy" and said that taxpayers money should instead be used to "stop the criminal smuggler gangs & fix the Tory asylum chaos"
• The SNP's Westminster leader, Stephen Flynn, says the government's Rwanda policy is "morally repugnant"

Harry Farley
Political correspondent

It is particularly significant that James Cleverly would not guarantee if the government’s Rwanda policy would be up and running by the election.

One of Rishi Sunak’s five priorities was “stopping the boats” which bring asylum seekers across the English Channel. Numbers have come down compared to last year, but more than 27,000 people have still arrived in the UK on small boats this year.

Many Conservative MPs see the Rwanda plan as a key way to deter those arrivals.

At some point in the coming days the government will bring forward new legislation to try and avoid more legal challenges to their plan.

That is where the main political jeopardy is. Some Conservative MPs have discussed whether to vote against the legislation if it doesn’t go as far as they would like to disapply international human rights legislations and prevent more legal challenges. Others, meanwhile, have warned ministers to remain committed to international human rights laws.

And then, of course, it would have to pass in the House of Lords where peers have repeatedly expressed significant concerns at the government’s Rwanda plans.

Lucy Gilder
Reporting

The government say its Rwanda policy will deter people arriving in the UK through "illegal, dangerous or unnecessary methods", such as on small boats across the English Channel.

How many people have made that journey?

As of 4 December, 29,090 people have made the journey so far this year.

This is down by more than a third compared to the same period last year, when 44,174 people crossed.

However, the number of people crossing this year is still higher than in previous years.

• In 2021, 28,526 people crossed
• In 2020, 8,466 people crossed
• In 2019, 1,843 people crossed

Callum May
BBC News

As the home secretary put pen to paper in Kigali, his department hit the send button on the latest data from the asylum system, external.

There are still 109,422 asylum cases waiting a decision – of which 28,318 are from people who applied after the Illegal Migration Act took effect. That means there are nearly 30,000 people in the system who are theoretically in the queue awaiting removal to Rwanda.

The so-called legacy backlog -- the section of claims that Rishi Sunak promised to get rid of by the end of the year – stood at 18,366 cases at the end of November.

That means Home Office officials will have a very busy December if the PM’s target is to be hit.

They’ve got to process all those claims — their highest number ever in a month — with 2,420 staff. Last month they had 2,463 staff and managed 12,620 claims.

As we heard last week, more and more of those claims are simply being withdrawn either by officials or by the asylum seekers themselves before a decision is made.

The problem is not about signing the treaty, it’s about what the government decides to do next, says Dominic Grieve, the UK’s former Attorney General.

Speaking to BBC News, Grieve says the government’s announcement that, after signing the treaty, it plans on passing a statute in Parliament deeming Rwanda a safe country will effectively let it bypass UK courts.

Grieve says this was “constitutionally a very unusual thing to do” and would likely cause serious problems for the government.

“It’s difficult to understand the government’s strategy and it’s also apparent that there appears to be some officials in the home office who are very doubtful... the standard necessary to allow for asylum seekers to be sent to Rwanda will be met,” Grieve adds.

Grieve says “this is a rather symbolic policy” the government hopes will "break the business model of the people smugglers”.

We've not received any specific reaction from the Labour Party to the news that Home Secretary James Cleverly has today signed a treaty with the Rwandan foreign minister. But shadow home secretary Yvette Cooper earlier gave her take on the news Cleverly was flying to east Africa to put pen to paper.

"It's Groundhog Day," she posted, external, in an apparent reference to the repeat legal obstacles faced by the government's asylum plan - and the visits by multiple Conservative home secretaries to Rwanda.

Cooper's post continued: "Hundreds of millions of pounds of taxpayers money on a failing policy which should be used instead to stop the criminal smuggler gangs & fix the Tory asylum chaos."

Labour leader Sir Keir Starmer has previously said his party would reverse the planned Rwanda policy - if it was found lawful and implemented.

Image source, Pool

We've just heard more from Home Secretary James Cleverly, who has been speaking to reporters after his joint news conference with Rwandan Foreign Minister Vincent Biruta.

Cleverly says the Rwanda project is an important element in the government's plan to stopping boats crossing the Channel.

"We have got an arsenal of responses. We're pursing all of them. It is ensuring that there is redundancy in the system," he says.

Asked if the government can guarantee migrants will arive in Rwanda before the election next year, Cleverly says: "We intend to stop the boats as quickly as possible. I'm not going to set a deadline, I want to do it straight away".

Cleverly said he expects migrants to be heading to Rwanda from Britain in the coming months.

"I can see no reason why that should not happen," he adds.

The home secretary says the Rwandan government will be paid remuneration to "reflect the additional costs that they are bringing on".

"We have committed to publish those figures on an annual basis," he says.

We've delved further into that press release put out by the UK government a short time ago.

The document stresses that the new treaty signed today by the UK and Rwanda specifically addresses concerns raised by judges. (More on those concerns in our last post.)

The home secretary is quoted saying Rwanda is “a safe country that cares deeply about supporting refugees. It has a strong history of providing protection to those that need it, hosting over 135,000 asylum seekers who have found sanctuary there."

James Cleverly adds: “The Supreme Court recognised that changes may be delivered which would address their conclusions – this treaty responds directly to that."

The press release also points out that other European countries have been exploring their own third-country options - including Austria, Germany, Denmark and Italy.

As a reminder, the UK wants to send asylum seekers on a one-way ticket to Rwanda, in order to deter small boats crossing the English Channel.

Last month, the Supreme Court ruled the plan unlawful. The UK says today's treaty deals with the judges' concerns - but crucially, that hasn't yet been tested in court.

So why did the court reject the plan last month? Its ruling said:, external

• There was "evidence of a culture within Rwanda of, at best, inadequate understanding of Rwanda’s obligations under the Refugee Convention"
• The evidence "also goes some way to support the suggestion of a dismissive attitude towards asylum seekers from the Middle East and Afghanistan"
• "Significant changes need to be made to Rwanda’s asylum procedures... before there can be confidence that it will deal with asylum seekers... in accordance with the principle of non-refoulement" [i.e. not being sent to dangerous countries]
• "The evidence establishes substantial grounds for believing that there is a real risk that asylum claims will not be determined properly"

So will today's treaty allay those concerns? The UK thinks it will - but it's for the courts to decide.

Image source, Reuters

The last half-hour or so has seen a flurry of developments in this story, so let's summarise what's happened:

• UK Home Secretary James Cleverly and Rwandan Foreign Minister Vincent Biruta signed a treaty - said by Cleverly to address all the concerns that blocked the UK government's Rwanda asylum scheme in Supreme Court
• The UK government sent out a press release with further details - saying the treaty guaranteed that people relocated to Rwanda are not at risk of being sent onto a third country that would threaten their life or freedom. It said this assurance would be bolstered with a new appeal body
• The press release also said the work of an independent monitoring committee would be enhanced to ensure the treaty's obligations were complied with
• In a press conference, Cleverly and Biruta hit back at criticisms over Rwanda's safety record, and said the country was a strong partner with a positive reputation for treatment of migrants and refugees
• The UK government believes this formal treaty with Rwanda provides stronger guarantees than its previous bilateral agreement. But it's yet to be seen whether the announcements today - and promised emergency legislation - will be enough to get the scheme over the line legally

The presser closes with a journalist asking why Rwanda continues working toward this agreement when it is being heavily criticised and described as unsafe by various bodies included the UK Supreme Court.

Biruta says the two sides are continuing the partnership because they believe they "are doing the right thing" in contributing to help solve the challenges of the global migration crisis. He calls it "unhelpful" for people to offer criticism rather than solutions to such issues.

Cleverly chimes in to say he's has been uncomfortable with the amount and the tone of the criticism aimed at Rwanda.

He goes on to say: "If we don't address these issues, the people that will ultimately be the winners are the people smugglers, slave traders, criminal gangs and extremist voices who always take advantage of human difficulties and hardship."

Image source, Reuters

Cleverly is asked how much extra money UK has agreed to pay Rwanda as part of this treaty. He says there is no funding linked to the signing of the document.

"The funding of the international agreement reflects the costs that may be imposed on Rwanda through the changes that this partnership has created in their systems, in their legal systems and institutions," he says.

The Rwandans did not ask for money for this treaty, nor was any given, Cleverly adds.

Biruta is asked if Rwanda remains committed even if it faces more setbacks. He says Rwanda is very committed to the partnership, and it has no plan to withdraw.

Back to the home secretary in the press conference. James Cleverly says he sees no credible reason why the UK would not be able to send people to Rwanda under the treaty.

"I really hope we can now move quickly," he says.

"We've addressed the issues that were raised by their lordships (in the Supreme Court) in this treaty and that will be reflected in domestic legislation soon," Cleverly adds - adding that the UK is absolutely committed to breaking people smugglers' business model.

We've just had a press release from the UK government, setting out some details of the newly-signed treaty with Rwanda:

• The treaty "ensures that people relocated to Rwanda... are not at risk of being returned to a country where their life or freedom would be threatened – an act known as refoulement"
• It also enhances the functions of the independent monitoring committee "to ensure compliance with the obligations in the treaty such as reception conditions, processing of asylum claims, and treatment and support for individuals including up to five years after they have received final determination"
• Also, to "further bolster assurances that relocated individuals will not be returned, under the treaty, Rwanda's asylum system will be strengthened through a new appeal body"

We're now on to questions, and Cleverly is asked by the BBC's Chris Mason whether his visit will ensure the asylum plan is a success. He is the third UK home secretary to visit Rwanda.

"We feel very strongly that this treaty addresses all the issues raised by their lordships in the Supreme Court and we have worked very closely with our Rwanda partners to ensure that it does so," Cleverly says.

"I really hope we can move forward quickly," he adds.

In his opening remarks, Cleverely says he has had the opportunity to work with Biruta before as foreign secretary.

He says in all their dealings, the Rwandan minister and the rest of his government have been professional, thoughtful and serious partners on the world stage.

This, he says, has been exemplified by the partnership they developed over the last few years which is strengthened by today’s treaty.

Vincent Biruta, the Rwandan foreign minister, opens the press conference - praising the partnership between the UK and Rwanda.

He says there is a "critical need to address the suffering of migrants making dangerous and desperate journeys", and exploitation by human smugglers.

But there is a need to tackle the underlying causes driving people from their home countries, Biruta says - and the boats will not be stopped until we reverse the lack of opportunity.

Chris Mason
Political editor, reporting from Kigali

The treaty has been signed by the UK Home Secretary James Cleverly and the Rwandan Foreign Minister Dr Vincent Biruta.

A press conference with James Cleverly in Kigali is under way now - we'll bring you the latest.