The WLR Daily case summaries
[2024] WLR(D) 316
King’s Bench Division
Rex (FDA) v Minister for the Cabinet Office and another
[2024] EWHC 1729 (Admin)
2024 June 6; July 5
Chamberlain J
Crown— Minister— Civil Service Code— Government having policy that certain migrants to be removed to Rwanda— Guidance issued to civil servants about obligations under Civil Service Code in “guidance scenario” where European Court of Human Rights indicating that individual not to be removed to Rwanda pending final determination of legal procedure but minister nonetheless deciding to proceed with removal— Whether ministers obliged to comply with indication of European court— Proper construction of relevant domestic legislation— Constitutional role and duties of civil servants— Meaning and effect of Civil Service Code in guidance scenario— Whether guidance accurately stating effect of code—
Safety of Rwanda (Immigration and Asylum) Act 2024 (c 8), s 5
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Convention for the Protection of Human Rights and Fundamental Freedoms, art 34