header-logo header-logo

Can a law change the facts?

149585
You say refoulement, I say refinement…Let’s call the whole thing off! Malcolm Bishop KC & Dr Satvinder Juss

Lawyers now have a new word, courtesy of the Supreme Court—‘refoulement’. Well known of course to immigration lawyers, but a rather strange concept to the rest of us, sounding a bit foreign and French even, and so to be treated with caution. But the Rwandan case has opened our eyes to this important concept. We have learnt that non-refoulement is a fundamental principle of international law. It forbids a country receiving asylum seekers from returning them to a country in which there would be ‘a reasonable likelihood’ of their being at risk of persecution based on ‘race, religion, nationality, membership of a particular social group or political opinion’. The unanimous decision of the Supreme Court was that there was a substantial risk of illegal immigrants to the UK after transportation to Rwanda being sent back to their country of origin and thereby being at risk or ill-treatment,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll