R (AAA (Syria)) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Asylum — Removal

[2023] EWHC 55 (Admin); Press summary, DC

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 — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 3 — Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c 19), Sch 3 — Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c 20), Sch 1, para 6(1) — Immigration Rules, paras 345A–345C — Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), arts 31, 33

[2023] EWCA Civ 745; [2023] 1 WLR 3103; [2023] 4 All ER 253; [2023] WLR(D) 289, CA

IMMIGRATION — Asylum — Removal — Secretary of State’s policy of removing certain asylum seekers to Rwanda for asylum claims to be determined — Whether policy unlawful by reason of risk of refoulement from Rwanda — Whether policy unlawful by reference to retained EU law — Asylum and Immigration Appeals Act 1993 (c 23), s 2 — Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, art 3 — Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c 20), s 1, Sch 1, para 6(1) — Immigration Rules, paras 345A–345D — Council Directive 2005/85/EC, arts 25, 27 — Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 33(1)

[2023] UKSC 42; [2023] 1 WLR 4433; [2024] 1 All ER 1, SC(E)

Appellate History

Commentary

Free Movement
High court rules Rwanda plan is lawful Case comment

UK Human Rights Blog
Divisional Court upholds Government’s Rwanda policy – an extended look Case comment

BarristerBlogger
The breathtaking insouciance of the Rwanda judgment Case comment

Free Movement
High Court gives green light to appeals in Rwanda challenges Case comment

Permission granted on additional grounds in the Rwanda case in the Court of Appeal Case comment

Electronic Immigration Network
Why UK court ruled Rwanda isn't a safe place to send refugees – and what this means for the government's immigration plans Case comment

Spectator
Why judges ruled against the Rwanda plan Case comment

Free Movement
Court of Appeal finds Rwanda plan unlawful as Rwanda is not a safe third country Case comment

Reflections on the Court of Appeal’s Rwanda decision Case comment

UK Human Rights Blog
Court of Appeal upholds challenge to Rwanda removals policy – an extended look Case comment

Free Movement
The Rwanda litigation: who is arguing what in the Supreme Court? Case comment

Fairness in safe third country removals: the Court of Appeal’s judgment in Asylum Aid’s case Case comment

UK Human Rights Blog
Unanimous Supreme Court: Rwanda removals are unlawful Case comment

Free Movement
Supreme Court finds Rwanda is not a safe country to which refugees can be removed Case comment

Reflections on the Supreme Court’s Rwanda judgment Case comment

Law and Policy Blog
The three elements of the Rwanda judgment that show how the United Kingdom government is now boxed in Case comment

Blackstones Criminal Practice 2025
Human Rights and Proportionality D31.33