header-logo header-logo

Lords defeats for the Rwanda Bill

06 March 2024
Issue: 8062 / Categories: Legal News , Immigration & asylum , Human rights
printer mail-detail
Peers inflicted five defeats on the government’s controversial Safety of Rwanda (Asylum and Immigration) Bill on its first day in the Lords

The legislation, which deems Rwanda a safe country and restricts the ability of courts to block deportations on human rights grounds, was drafted following the Supreme Court’s ruling to the contrary last year.

However, peers this week passed amendments requiring the Bill to be fully compliant with international law, and preventing deportation flights from taking off until after independent officials confirm the UK-Rwanda treaty has been implemented. Other amendments give courts powers to overrule the presumption that Rwanda is safe if there is ‘credible evidence to the contrary’.

Once the Report stage is completed, the Bill will return to the House of Commons, where MPs will accept or reject the amendments.

Last week, the UN special rapporteurs expressed concern that the Bill may violate the principle of non-refoulement (that no person should be returned to a country where they might be at risk of persecution) and may not provide effective access to asylum.

They expressed concern that the Bill, as currently drafted, ‘would unduly limit judicial independence by requiring judges to treat Rwanda as a safe third country now and in the future, regardless of any evidence to the contrary before them’. Moreover, they warned the Bill ‘could undermine the principles of the separation of powers and the rule of law in the UK’.

Law Society president Nick Emmerson said: ‘The Law Society—alongside scores of parliamentarians and civil society organisations—has repeatedly expressed concerns that the Rwanda Bill profoundly undermines the democratic balance of powers in the UK by sidelining the courts from providing independent, legal oversight. This makes it incompatible with international law and the rule of law.

‘This statement from UN experts shows that these concerns are shared beyond the UK.’

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll