Friday 26 April 2024

A note on the enactment of the Safety of Rwanda Act


'Every decision-maker must conclusively treat the Republic of Rwanda as a safe country.'

So states section 2 of the Safety of Rwanda (Asylum and Immigration) Act 2024 (legislation.gov.uk) which received Royal Assent on 25 April 2024.

The passage of the Act was met with a brief statement from No 10 Downing Street - PM statement on Safety of Rwanda Bill: 23 April 2024 - GOV.UK (www.gov.uk)

As a Bill it received considerable criticism both within Parliament (especially the House of Lords) and from international bodies - e.g.

UK: Rwanda Bill threatens to undermine independence of judiciary, UN experts say | OHCHR

Serious human rights concerns about United Kingdom’s Rwanda Bill - Portal (coe.int)

The legislation results from

the Supreme Court's decision last November - R (on the application of AAA and others) (Respondents/Cross Appellants) v Secretary of State for the Home Department (Appellant/Cross Respondent) - The Supreme Court

and noted on this blog at Law and Lawyers: Rwanda judgment 15 November 2023 (obiterj.blogspot.com)

Following the Supreme Court' decision, the UK government negotiated a Treaty with Rwanda and ratification of the Treaty was completed on 25 April 2024 - UK-Rwanda Treaty completes ratification process - GOV.UK (www.gov.uk) and see the Statement to Parliament - Agreement between the United Kingdom and the Republic of Rwanda - GOV.UK (www.gov.uk).

Ratification of the Treaty also had the effect of commencing the Act of Parliament.

Further legal challenges are probably likely and may involve the European Court of Human Rights.

26 April 2024






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