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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll