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04 August 2023 / Dr Romit Bhandari
Issue: 8036 / Categories: Features , Immigration & asylum , Human rights
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Rwanda removals: a precarious victory?

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The Court of Appeal’s decision on the Rwanda flights is less clear-cut than the outcome suggests, writes Dr Romit Bhandari
  • The context, background and legal argument in the Court of Appeal decision that stopped the government from forcibly removing ten asylum seekers to Rwanda.
  • The decision is less of a success for asylum seekers than widely believed.

By majority decision on 29 June, the Court of Appeal effectively halted the UK government’s plans to relocate asylum seekers to Rwanda.

The prevention of asylum seekers arriving by boat—the base repetition of ‘stop the boats’—is the government’s flagship policy. Indeed, this litigation runs alongside recent legislative efforts to deny access to asylum, such as the Nationality and Borders Act 2022 and the Illegal Migration Bill. Public interest in this case has therefore been understandably high.

The outcome appears to be a vindication of both individual rights and the rule of law, with the court underlining the ‘real risks that asylum claims would not be properly and fairly determined in Rwanda’.

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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