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19 December 2022
Categories: Legal News , Immigration & asylum , Human rights
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Rwanda policy lawful but decisions quashed

The Home Secretary’s policy of sending asylum seekers to Rwanda is lawful, the High Court has held.

However, Lord Justice Lewis and Mr Justice Swift also held the Home Office failed to consider the individual circumstances in the eight rolled-up cases put before it and must now reconsider each one, in AAA v Home Secretary (Rwanda) [2022] EWHC 3230 (Admin).

Delivering their judgment, Lewis LJ and Swift J said ‘the way in which the Home Secretary went about the implementation of her policy in a number of the individual cases before us, was flawed… [and the decisions]… will be quashed’.

Law Society president Lubna Shuja said access to justice for any person considered for removal to Rwanda must remain paramount in Home Office decision-making.  She said the case was likely to be appealed and would therefore not be settled for some time.

‘Whatever the final outcome, we hope the government will commit to taking a measured approach and continue to review its obligations under international and domestic law,’ Shuja said.

‘When considering individual cases, the government should always assess whether removing the individual would be in breach of their human rights. The government must ensure that any affected individual has proper access to a lawyer, that the specific facts of each case are scrupulously considered by the Home Office and enough time is provided for people to challenge a removal, when appropriate.’

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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