Truth, Power, and the Politics of Death: Necropolitical Governance in the Uk's Treatment of Refugees – an Analysis of the N.S.K. Case

Tuesday, 8 July 2025
Location: SJES024 (Faculty of Legal, Economic, and Social Sciences (JES))
Distributed Paper
Luísa ALMEIDA DO VALLE BRITO, Universidade Federal Fluminense, Brazil
This paper explores the evolution of the United Kingdom's migration policies, with particular focus on the legal and political consequences of the UK-Rwanda deal, introduced in 2022. The deal allows for the transfer of asylum seekers to Rwanda while their claims are processed, raising significant concerns about the protection of refugee rights. Central to this analysis is the N.S.K. case, a pivotal legal challenge that directly emerged from this agreement. This case, along with similar judicial decisions, revealed critical shortcomings in safeguarding human rights, ultimately catalyzing further legislative reforms. These developments culminated in the Royal Assent of the Illegal Migration Act in 2023, a law designed to reinforce the UK’s control over irregular migration by formalizing stricter enforcement measures. Drawing on Michel Foucault’s concept of "veridiction" and Achille Mbembe’s "necropolitics," this paper examines how both legal and political discourses surrounding migration have been constructed to legitimize the differential treatment of refugees. The analysis contends that the UK-Rwanda deal, along with subsequent legislative measures, exemplifies biopolitical and necropolitical practices, wherein the state exercises authority over the bodies and lives of irregular migrants, often to their detriment. By investigating key judicial rulings and legislative developments between 2022 and 2023, this paper offers a critical understanding of how the securitization of migration policies has reshaped the UK’s approach to refugee protection, raising broader concerns about the erosion of international human rights standards.