header-logo header-logo

Rwanda plans ruled unlawful

29 June 2023
Categories: Legal News , Immigration & asylum , Human rights
printer mail-detail
Home Office plans to send asylum seekers to Rwanda to have their claims processed are unlawful, the Court of Appeal has held

In AAA v Secretary of State for the Home Department [2023] EWCA Civ 745, the Home Office planned to send ten asylum seekers to Rwanda for processing. They were from Syria, Iraq, Iran, Vietnam, Sudan and Albania, and arrived in the UK in small boats from France.

The issue of whether the Rwanda asylum system was capable of delivering reliable outcomes was central to the case. The appellants argued Rwanda was not a ‘safe third country’ as there were substantial grounds for believing there was a real risk persons sent to Rwanda would be removed to their home country when, in fact, they have a good claim for asylum. This would breach art 3 of the European Convention on Human Rights. The appellants also brought a generic challenge on the lawfulness of the Rwanda policy more generally.

The High Court had quashed the individual decisions to remove them on the basis of procedural unfairness, but dismissed the generic challenge.

Granting the appeal, Lord Burnett, Sir Geoffrey Vos and Lord Justice Underhill, in a lengthy 161-page judgment, found there was a ‘real risk’ the asylum claims could be wrongly refused and ‘real risk’ of refoulement.

Ben Keith, barrister at 5 St Andrew’s Hill, said: ‘The court found there were fundamental problems with the Rwandan asylum system which could not be glossed over by the Memorandum of Understanding.

‘They also commented that there remain concerns about Rwanda’s use of torture and repression of dissent but did not finally determine the point.’

Welcoming the decision, Law Society president Lubna Shuja said the ruling provided further evidence the government’s Illegal Migration Bill is ‘fatally flawed’.

Shuja said: ‘The government has only secured one removals agreement, which is with Rwanda, that has now been ruled unlawful.

‘This means that at the proposed time the government plans for the bill to come into force, there will be no removals agreements in place. Regardless, Rwanda alone would not be able to accept anywhere near the number of people who would be scheduled for “removal”.

‘Therefore, a large backlog of people due to be removed under the Illegal Migration Bill will build. They will be left in limbo and could remain in detention or government supported accommodation indefinitely.’

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