All Articles: Rwanda

The report into the Rwanda country policy and information notes by the Independent Chief Inspector of Borders and Immigration has finally been published. The Rwanda scheme may be over, and the relevant country notes withdrawn shortly after the Supreme Court’s decision but as I pointed out last week, there are...

23rd September 2024
BY Sonia Lenegan

Due to the stated position of the previous Conservative government that there would be a removal flight to Rwanda on 24 July 2024, a High Court hearing was due to take place over four days starting on 9 July 2024. Due to the election of a Labour government and their...

9th July 2024
BY Jed Pennington

This blog explains why Asylum Aid continues to believe that the Home Office’s interpretation of the Safety of Rwanda Act as excluding consideration of “onward removal” (where someone is removed from Rwanda) claims is wrong and that this guidance is therefore unlawful. We believe that properly interpreted, the Act permits...

17th May 2024
BY Alison Pickup

As I explained in a previous blog, in its June 2023 judgment in AAA & Others v SSHD, the Court of Appeal accepted Asylum Aid’s case that, in a majority of cases, the seven day period allowed by the Home Office for those in detention to respond to a notice...

16th May 2024
BY Alison Pickup

On Monday the Home Office updated the guidance documents relating to removals to Rwanda and retroactively amended the Rwanda agreement to include the possibility of sending failed asylum seekers there. This was done via a letter from the British High Commissioner in Rwanda to Rwanda’s Permanent Secretary Ministry of Foreign...

15th May 2024
BY Sonia Lenegan

Leigh Day, instructed by Asylum Aid, have today sent a pre action letter challenging the lawfulness of certain aspects of the Safety of Rwanda guidance that was published on Monday 29 April 2024. The pre action letter is being shared widely within the immigration law sector (see below) so that...

3rd May 2024
BY Sonia Lenegan

I have set out below what the legal process is for sending a person to Rwanda following the Safety of Rwanda (Asylum and Immigration) Act 2024, which received Royal Assent on 25 April and came into force the same day. I have looked only at the law as it currently...

30th April 2024
BY Sonia Lenegan

In what is a day of enormous shame for any right thinking person in this country, the UK’s treaty with Rwanda has today been ratified which means that the Safety of Rwanda (Asylum and Immigration Act) 2024 which received Royal Assent today is now in force. On 22 January 2024...

25th April 2024
BY Sonia Lenegan

The backlog of cases in the inadmissibility process was in the news again last week following senior Home Officials’ evidence session at the Public Accounts Committee on Monday. This article looks at legal arguments that can be made in relation to the Home Office’s delay in making admissibility decisions for...

22nd April 2024
BY Monika Glowacka

The Home Office has updated its guidance on voluntary returns, now re-named voluntary departures which now includes the possibility of sending those who agree to a safe third country. Although not explicitly named in the guidance, the intention is clearly to try to get people to agree to go to...

21st March 2024
BY Katherine Soroya

Following a request from the Chairs of the Public Accounts and Home Affairs Committees, the National Audit Office has published a report on the costs to date of setting up the Migration and Economic Development Partnership with Rwanda. The report also looks at the basis on which future costs would...

1st March 2024
BY Sonia Lenegan

Having presumably learned from their much criticised mishandling of certain trafficking cases, the government published a statement yesterday stating that they have paused consideration of asylum claims from a certain group. Those affected are people who arrived on or after 1 January 2022 and who received a notice of intent before...

15th February 2024
BY Sonia Lenegan

The Safety of Rwanda (Immigration and Asylum) Bill has been published. There is no explanatory memorandum that I have seen, so I have done my best without that to explain what is in the Bill. As was the case with the Illegal Migration Bill, it begins with a declaration by...

6th December 2023
BY Sonia Lenegan

The text of the UK’s new treaty with Rwanda to relocate people seeking asylum here to Rwanda instead has been published. For reference, the previous memorandum of understanding is here. Much of the treaty is just an expanded version of the memorandum, for example Article 11 in both deals with...

6th December 2023
BY Sonia Lenegan

Our October immigration round up is here and as we recorded shortly after the Supreme Court’s decision in the Rwanda litigation we included discussion of that at the beginning. Do keep listening after that though, as Colin and I cover everything from fishing to legal aid shortages via eSports, medico-legal...

27th November 2023
BY Sonia Lenegan

This post reflects on Wednesday’s momentous Supreme Court decision in the Rwanda litigation. You can read Colin’s initial take on the judgment here. The Supreme Court’s decision To recap, the Supreme Court decided that there are substantial grounds for believing that the removal of any asylum seeker to Rwanda under...

20th November 2023
BY Jed Pennington

The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed. Lord Reed, giving the court’s judgment, emphasised the non-political nature of the court’s...

15th November 2023
BY Colin Yeo

Last week, the Supreme Court heard an argument that the Rwanda policy breaches retained EU law, which the president Lord Reed described as a potential “knock out” blow in the Rwanda litigation. Under the Rwanda policy, asylum seekers arriving by small boat or other illegal clandestine means would be flown...

17th October 2023
BY Jed Pennington

Readers of this blog will have noticed that the fairness of the Home Office’s procedure for deciding who to send to Rwanda is not among the issues being argued in the Supreme Court in October. This post highlights the important findings made by the Court of Appeal on procedural fairness...

2nd October 2023
BY Alison Pickup

The government was granted permission to appeal in the Rwanda litigation in July. This post provides an update on the current state of play ahead of the Supreme Court hearing. You can read Free Movement’s coverage of the Court of Appeal’s judgment here and here.  In essence, the Court of...

12th September 2023
BY Jed Pennington

This post reflects on last week’s extraordinary Court of Appeal judgment on the Rwanda policy. You can read our initial take on this here. Appeal to the Supreme Court The government has already announced its intention to seek leave to appeal to the UK Supreme Court. The key issues that...

5th July 2023
BY Jed Pennington

The Court of Appeal has found, by a majority, that the Rwanda plan is unlawful as Rwanda is not a sufficiently safe country. In short, the Rwandan authorities are not yet reliably able to sort genuine from non-genuine refugees, and therefore there is too great a risk that genuine refugees...

29th June 2023
BY Gabriel Tan

The government yesterday published its economic impact assessment for the Illegal Migration Bill and its Rwanda plan. The assessment reveals that Rwanda will be paid approximately £105,000 per refugee received on top of the £120 million already paid and any other undisclosed payments. At least, this is the figure used in...

27th June 2023
BY Colin Yeo

The European Court of Human Rights has given formal notification to the UK government of an application by an Iraqi asylum-seeker (anonymised as NSK) challenging his removal to Rwanda. They also found that several of the Rule 39 interim measures to prevent individual applicants being removal to Rwanda have now...

12th April 2023
BY Gabriel Tan

Yesterday, the Court of Appeal handed down a judgment dealing with applications for permission to appeal on grounds refused by the High Court. An annex to yesterday’s judgment lists the grounds granted permission by the High Court. Permission to appeal The additional grounds granted permission in yesterday’s judgment include: First,...

15th March 2023
BY Jed Pennington

Asylum procedure in Europe has been examined in three recent decisions. In two, the European Court of Human Rights found actual or imminent violations of Article 3 of the European Convention on Human Rights. In the other, the Court of Justice of the European Union considered the proper interpretation of...

23rd January 2023
BY Deborah Revill

On 16 January 2023 there was a High Court hearing to deal with all matters following on from its ruling published on 19 December 2022. You can you can read more about the case and its implications here and here. You can find a full copy of the judgment here,...

17th January 2023
BY Jed Pennington

Now that the High Court has decided that the Rwanda policy is lawful, at least at a general level, many people will be wondering when the government will attempt another removal flight. This question will be no doubt be causing a lot of worry to people in Home Office accommodation...

22nd December 2022
BY Jed Pennington

The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that the UK government’s Rwanda plan is lawful. The individual decisions in the case were inadequate and will need to be re-made, but that is no...

19th December 2022
BY Colin Yeo
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