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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
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