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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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