header-logo header-logo

Rwanda policy lawful but decisions quashed

19 December 2022
Categories: Legal News , Immigration & asylum , Human rights
printer mail-detail
The Home Secretary’s policy of sending asylum seekers to Rwanda is lawful, the High Court has held.

However, Lord Justice Lewis and Mr Justice Swift also held the Home Office failed to consider the individual circumstances in the eight rolled-up cases put before it and must now reconsider each one, in AAA v Home Secretary (Rwanda) [2022] EWHC 3230 (Admin).

Delivering their judgment, Lewis LJ and Swift J said ‘the way in which the Home Secretary went about the implementation of her policy in a number of the individual cases before us, was flawed… [and the decisions]… will be quashed’.

Law Society president Lubna Shuja said access to justice for any person considered for removal to Rwanda must remain paramount in Home Office decision-making.  She said the case was likely to be appealed and would therefore not be settled for some time.

‘Whatever the final outcome, we hope the government will commit to taking a measured approach and continue to review its obligations under international and domestic law,’ Shuja said.

‘When considering individual cases, the government should always assess whether removing the individual would be in breach of their human rights. The government must ensure that any affected individual has proper access to a lawyer, that the specific facts of each case are scrupulously considered by the Home Office and enough time is provided for people to challenge a removal, when appropriate.’

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
back-to-top-scroll