News

A High Court challenge to the Government’s plan to remove asylum seekers from the UK to Rwanda in now underway.

Duncan Lewis represents a number of individual asylum seekers facing removal to Rwanda, as well as the PCS Union, Care4Calais and Detention Action.

Home Secretary Priti Patel signed what she dubbed a “world-first” plan with Rwanda to send asylum seekers who come to the UK by ‘irregular means’ to Rwanda to process their asylum claims and, if successful, settle there.

The claimants argue that the Rwanda policy is unlawful on a number of grounds, including that the Secretary of state’s assessment that Rwanda is generally a safe third country for the purpose removing asylum seekers, is irrational and that removing asylum seekers to Rwanda violates their fundamental rights, as well as contravenes key provisions contained within the refugee convention.

The cases will be heard by a Divisional Court between 5 and 9 September. This is the first time the court will consider the legal arguments in full, and judge the lawfulness of the policy.

A series of challenges by our team led to first flight, scheduled to depart on Tuesday, 14 June, being abandoned once the last intended passenger was removed from the list.

An application for an injunction was lodged on 8 June by Duncan Lewis on behalf of four individual clients, the Public & Commercial Services Union (PCS), Care4Calais and Detention Action.

The Home Office conceded, cancelling removal directions for all four of our individual clients and a further four individual claimants were added to the legal proceedings. At a High Court hearing on 10 June, the UNHCR, intervening, expressed serious concerns about the asylum process in Rwanda.

The Home Office cancelled a further 2 of our individual client’s removal directions.

Swift J refused interim relief but granted permission to appeal. In his judgment he acknowledged that there was a serious case to be tried but was persuaded that it would be possible to bring back any individuals sent to Rwanda prior to the final hearing, should the policy ultimately be found to be unlawful.

The Court of Appeal hearing was held on 14 June. The Home Office cancelled one of our remaining two clients’ removal directions. Singh LJ, Simler LJ and Stuart-Smith LJ, upheld the judgment of the High Court and refused permission to appeal to the Supreme Court.

Our application for permission to appeal to the Supreme Court was refused and, having exhausted domestic remedies, an application was submitted on behalf of our client to the European Court of Human Rights (ECHR) for an interim measure under Rule 39 of the Court Rules.

The ECHR granted an interim measure to prevent our client’s removal. In making this decision, the ECHR considered, amongst other things, the absence of any legally enforceable mechanism for our client’s return from Rwanda to the UK should the policy be found to be unlawful.

Our client’s removal directions were cancelled and, on the basis of this initial grant, subsequent applications were sought on behalf of other individuals due to be removed on the flight. This ultimately resulted in no individuals being removed to Rwanda. Our legal team is Toufique Hossain, Lewis Kett, Sophie Lucas, Charlotte McLean, Sheroy Zaq, Manini Menon, Nicholas Hughes, Simon Robinson and Tristan Greene. Teams from across other Duncan Lewis immigration and public law departments represent several other detainees affected by this policy.