The Weekly Law Reports
[2023] 1 WLR 3103
Court of Appeal
*Rex (AAA (Syria) and others) v Secretary of State for the Home Department
Rex (HTN (Vietnam))
v
Secretary of State for the Home Department
Rex (RM (Iran))
v
Secretary of State for the Home Department
Rex (ASM (Iraq))
v
Secretary of State for the Home Department
Rex (AS (Iran))
v
Secretary of State for the Home Department
Rex (SAA (Sudan))
v
Secretary of State for the Home Department
Rex (Asylum Aid)
v
Secretary of State for the Home Department
[2023] EWCA Civ 745
2023 April 24, 25, 26, 27; June 29
Lord Burnett of Maldon CJ, Sir Geoffrey Vos MR, Underhill LJ
Immigration— Asylum— Removal— Government policy of removing asylum seekers to Rwanda for asylum claims to be determined— Whether removal to Rwanda amounting to unlawful penalty or refoulement— Whether policy unlawful by reference to retained EU law— Whether policy unlawfully circumventing statutory scheme for designation of safe third countries— Whether policy risking refoulement from Rwanda or ill-treatment in Rwanda—
Asylum and Immigration Appeals Act 1993 (c 23), s 2[1]
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3[2]
—
Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c 19), Sch 3[3]
—
Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c 20), Sch 1, para 6(1)[4]
—
Immigration Rules, paras 345A–345C[5]
—
Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), arts 31, 33[6]