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24 April 2024
Issue: 8068 / Categories: Legal News , Immigration & asylum , Human rights
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Rwanda Bill becomes reality

The government’s controversial Safety of Rwanda (Asylum and Immigration) Bill has passed into law amid a storm of criticism

The Act provides that asylum seekers who arrive in the UK will be detained and deported to Rwanda for processing.

Criticism has focused on the Rwanda scheme’s potential breach of international law, impact on human rights, high cost, likely ineffectiveness as a deterrent, and impact on the deployment of judges.

Michael O’Flaherty, the Council of Europe Commissioner for Human Rights, said this week the scheme raised ‘major issues’ about human rights and the rule of law, highlighting that it ‘prevents individuals from having any meaningful recourse to UK courts in relation to the key question of refoulement… [and] requires decision makers to regard Rwanda as “safe” for removal, regardless of the specific facts on the ground’.

He urged the UK government to ‘reverse the Bill’s effective infringement of judicial independence’.

Prime Minister Rishi Sunak said deportations could begin in ten to 12 weeks, and that 200 trained caseworkers are ready to process claims quickly. He added: ‘The judiciary have made available 25 courtrooms and identified 150 judges who could provide over 5,000 sitting days.’

The Home Office will pay £370m to Rwanda for the scheme, plus £20,000 per person plus up to £150,874 per person for processing costs and a further £120m once 300 people have been deported, according to the National Audit Office, in its March report ‘Investigation into the costs of the UK-Rwanda partnership’.

Law Society vice president Richard Atkinson said: ‘It remains a defective, constitutionally improper piece of legislation. It is extremely disappointing that the sensible amendments made by peers to remove some of the Bill’s worse excesses have been ignored. ‘This Bill is a backward step for the rule of law and the UK’s constitutional balance, and it limits access to justice.’

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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