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Challenging Removal to Rwanda
Challenging Removal to Rwanda
The media has reported that the Home Secretary is preparing to detain a number of individuals whose claims have not been admitted for consideration in the UK, with a view to removing them to Rwanda thereafter.
Duncan Lewis stands ready to provide legal representation to individuals at risk of removal to Rwanda. We acted for the Applicant in NSK v United Kingdom, where the European Court of Human Rights granted a Rule 39 Interim Measure which had the effect of grounding the first flight to Rwanda, as well as for the Claimants in AAA & Ors v Secretary of State for the Home Department, where the Supreme Court unanimously found that the Rwanda is not a safe country.
If an individual’s claim has yet to be admitted for substantive consideration in the UK, they will have previously received a ‘Notice of Intent’, informing them that the Home Secretary is considering declaring their claim inadmissible in the UK, because they previously passed through safe third countries on their way to the UK.
Please see an example of a Notice of Intent.
It is possible that an individual will be served with a fresh Notice of Intent upon detention, at which time they will have 7 days to respond to that Notice of Intent and provide reasons why their claim should be admitted for consideration in the UK. Individuals should seek legal advice immediately if they are detained and served a Notice of Intent.
For the Home Secretary to remove an individual to Rwanda once they have been detained and served with a Notice of Intent, he will have to first make a decision that their asylum claim will not be processed in the UK (an “inadmissibility decision”), and then a decision that they can be safely removed to Rwanda (a “removal decision”). It is important to note that these decisions may not be served at the same time. Individuals should seek legal advice immediately if they are served with either of these decisions. Both of these decisions can be challenged before a court, including by judicial review.
Please see example of these decisions.
If you wish for the Immigration Solicitors at Duncan Lewis to take on the case of an individual who may be at risk of removal to Rwanda, please contact ToufiqueH@duncanlewis.com, JenniferMat@duncanlewis.com, and ManiniM@duncanlewis.com. Alternatively, call this number 020 7275 2570.