header-logo header-logo

Lords defeats for the Rwanda Bill

06 March 2024
Issue: 8062 / Categories: Legal News , Immigration & asylum , Human rights
printer mail-detail
Peers inflicted five defeats on the government’s controversial Safety of Rwanda (Asylum and Immigration) Bill on its first day in the Lords

The legislation, which deems Rwanda a safe country and restricts the ability of courts to block deportations on human rights grounds, was drafted following the Supreme Court’s ruling to the contrary last year.

However, peers this week passed amendments requiring the Bill to be fully compliant with international law, and preventing deportation flights from taking off until after independent officials confirm the UK-Rwanda treaty has been implemented. Other amendments give courts powers to overrule the presumption that Rwanda is safe if there is ‘credible evidence to the contrary’.

Once the Report stage is completed, the Bill will return to the House of Commons, where MPs will accept or reject the amendments.

Last week, the UN special rapporteurs expressed concern that the Bill may violate the principle of non-refoulement (that no person should be returned to a country where they might be at risk of persecution) and may not provide effective access to asylum.

They expressed concern that the Bill, as currently drafted, ‘would unduly limit judicial independence by requiring judges to treat Rwanda as a safe third country now and in the future, regardless of any evidence to the contrary before them’. Moreover, they warned the Bill ‘could undermine the principles of the separation of powers and the rule of law in the UK’.

Law Society president Nick Emmerson said: ‘The Law Society—alongside scores of parliamentarians and civil society organisations—has repeatedly expressed concerns that the Rwanda Bill profoundly undermines the democratic balance of powers in the UK by sidelining the courts from providing independent, legal oversight. This makes it incompatible with international law and the rule of law.

‘This statement from UN experts shows that these concerns are shared beyond the UK.’

MOVERS & SHAKERS

1 Hare Court—Peter Mitchell KC & Amber Sheridan

1 Hare Court—Peter Mitchell KC & Amber Sheridan

Leading family law set strengthens ranks with high-profile additions

Thackray Williams—Jennifer Nicol

Thackray Williams—Jennifer Nicol

Firm bolsters commercial team with senior employment partner hire

Irwin Mitchell—Vijay Bange

Irwin Mitchell—Vijay Bange

Head of construction and engineering team appointed

NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
back-to-top-scroll