High court rules Rwanda plan is lawful
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Those removed would not be detained and would be treated in accordance with the UK-Rwanda agreement, so there was apparently nothing to protest about. They also had no opinions critical of the Rwandan authorities, so once more there was apparently no need for any protests. If you’re a British citizen, you can apply for a passport at any time for a fee via the GOV.UK website, via a local Post Office branch, or you can find out more by calling the Home Office directly. It can take up to six weeks for your first adult passport to be processed and delivered to you – meaning that you should always give yourself plenty of time to apply before you intend to travel. Requests to reschedule an ASC appointment in advance of the appointment date are among the categories of calls routed to live assistance through the IVR or “Live Chat” through Emma. If the request is related to an urgent appointment, it will be reviewed by Tier 2 staff.
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While appeals remain ongoing, the position at present is that no-one will be removed to Rwanda. The claimants will doubtless appeal the substance of the decision that, in principle, the Rwanda plan is lawful and that Rwanda is a safe country. The Home Office will perhaps decline to cross appeal on the individual decisions; it is easier to simply issue new ones that are better drafted than the originals. Article 33, the non refoulement clause, states that no signatory state “shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened”. The arguments here might be that Rwanda itself would threaten life or freedom or that Rwanda would send the refugee on to somewhere that might do the same .
The judges are critical of the way the multiplicity of cases were pleaded and suggested that over-long and overlapping skeleton arguments “made it significantly more difficult for counsel to present their cases clearly and effectively”. The huge pressure piled on the lawyers by the wildly careening Home Office juggernaut and the sheer number of cases is not something the judges see fit to mention, unfortunately. No equivalent criticisms are made of the Home Office or its legal teams despite the fact amended decision letters were issued after the removals were due to have taken place and new evidence was submitted after proceedings had begun.
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Looking to the past, the fact that a deal between Israel and Rwanda had led to refugees not being provided with support and departing from Rwanda shortly after arrival had not been investigated by the UK government. The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department EWHC 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 obstacle to the plan proceeding. Remember, by law, any immigration adviser or solicitor must be registered with OISC, so always check this.
The government might explore amending or lifting or simply ignoring the interim measure to enable removals to proceed even before the appeal process is concluded. The claimants also argued that the Refugee Convention imposes an implicit obligation on states to determine all asylum claims made within their jurisdiction. There is no explicit provision to this effect and the judges rejected the argument. The Refugee Convention was only the second UN convention negotiated and agreed — it came at the very start of the new era of international law — and it has to be said that it is a bit light on obligations and enforcement.
Apart from anything, the Home Office always abandons its various enforcement policies. Reading the sections of the judgment on the individual decisions is jaw dropping. These decisions were critical to a flagship government policy in which the Prime Minister and Home Secretary had invested huge political capital. It was therefore vital to get these decisions right, and there was plenty of time to do so. The agreement with Rwanda was signed in April 2022 and, obviously, the Home Office as an institution knew what was planned even before that. There would also be plenty of cases from which to choose in order for the government subtly to select the strongest cases.
The ‘dangerous journeys’ criterion which lies at the heart of the inadmissibility guidance and the Rwanda plan was held to be justified. It pursues a legitimate objective, the judges found, which was “to protect refugees from exploitation by criminal gangs who, for example, organise the small boat crossings” . A strange way of protecting anyone, some of us think, but judges take these sorts of statements at face value. It was not specifically directed to young men and including an exception for families was considered permissible. The claimants submission was no doubt that there was a real risk that such treatment might occur given the proven record of the Rwandan authorities in repressing dissent. The judges suggest that the UK-Rwanda agreement would protect those removed, as would the Monitoring Committee and the Joint Committee.
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