On 13 April 2022, the then Home Secretary (Priti Patel MP) signed a "Memorandum of Understanding" (MoU) with the government of Rwanda (represented by Vincent Biruta - Minister for Foreign Affairs and International Co-operation). The document may be read HERE. The MoU (or 'arrangement') expressly states that it is not binding in international law.
Former Attorney-General Suella Braverman KC was appointed Home Secretary on 6 September 2022 and has held the post since apart from a 6 day 'break' in October 2022.
The government wished to start implementing removals to Rwanda but judicial review proceedings were commenced in relation to several cases. The review was decided by the High Court (Lewis LJ and Swift J) in December 2022 -
Essentially, the High Court upheld the relocation policy but quashed the Home Secretary's decision in eight cases due to flaws in the implementation of the policy. The Home Secretary was entitled to reconsider the 8 cases in the light of the court's judgment.
Appeals against the High Court upholding the policy were inevitable. The
Court of Appeal (Civil Division) handed down judgment (and summary) on 29 June 2023.AAA -v- Secretary of State for the Home Department - Courts and Tribunals Judiciary
Judgments - 161 pages - AA-v-SSHD judgment (judiciary.uk). It's lengthy but full reading is crucial.
Summary - 5 pages - AAA-v-SSHD summary (judiciary.uk)
A majority - the Master of the Rolls, Sir Geoffrey Vos, and Lord Justice Underhill (the Vice-President of the Court of Appeal (Civil Division)) – held that there are substantial grounds to believe that a real risk exists that persons sent to Rwanda will then be returned to their home countries (refoulment) where they would face persecution or other inhuman treatment.
The Lord Chief Justice (Lord Burnett) disagreed. The procedures put in place under the Rwanda agreement together with assurances given by the Rwandan government were sufficient to ensure that there was no risk of individuals being wrongly returned to their home countries. Sufficient safeguards were in place in a context where both governments will be determined to make the agreement work and be seen to do so.
In essence, the Lord Chief Justice was satisfied that the arrangement together with assurances given to the UK government were sufficient to prevent onward return to countries of origin. The majority were not so satisfied.
It should be noted that this was the one area where the appellants succeeded. They had put forward other grounds of appeal but those were unanimously dismissed.
The High Court's decision that Rwanda was a safe country was thus reversed and, until the deficiencies in its asylum processes are corrected, removal of asylum-seekers to Rwanda will be unlawful.
The Court of Appeal was at pains to point out that its decision implies no view about the political merits or otherwise of the Rwanda policy. Political merits were for the government and the court had nothing to say about them.
A deliberately tight timetable has been set for consequential orders and directions, partly so that any application for permission to appeal to the Supreme Court can be decided promptly.
The Home Secretary made a statement in the House of Commons to which the Opposition responded - Migration and Economic Development Partnership - Hansard - UK Parliament. Braverman said that the Court of Appeal's decision was a 'disappointing judgment' and that government would seek permission to appeal to the Supreme Court.
Numbers involved:
Migrants detected crossing the English Channel in small boats - GOV.UK (www.gov.uk)
Routes into the UK:
Safe and Legal (Humanitarian) Routes factsheet – May 2023 - Home Office in the media (blog.gov.uk)
Home Affairs Committee:
Channel crossings, migration and asylum - Home Affairs Committee (parliament.uk) and government response - Channel crossings, migration and asylum: Government Response to the Committee's First Report (parliament.uk)
Links:
Rwanda: what next? - by Joshua Rozenberg - A Lawyer Writes (substack.com)
Nationality and Borders Act 2022 (legislation.gov.uk)
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