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Safety of Rwanda (Asylum and Immigration) Act 2024

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tribunal is not to grant an injunction suspending the person's removal while the challenge proceeds, unless there is a "real, imminent and foreseeable risk of serious and irreversible harm", and it is not allowed to entertain the argument that Rwanda is unsafe for that person because of the risk of being sent to another country to face possible persecution in breach of international law ("refoulement"). The question of safety based on individual circumstances must be confined to conditions in Rwanda itself.
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does not disapply other provisions of the Human Rights Act, leaving open the possibility of obtaining a declaration of incompatibility under section 4 of that act. The explanatory memorandum which is attached to the act states that the purpose of section 3 is "to make clear that the courts and tribunals should defer to Parliament’s sovereign view that Rwanda is safe country as defined, and are under no obligation that could conflict with this".
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Section 4(1) qualifies the section 2 restrictions on challenges based on the safety of Rwanda, by providing that challenges based on the person's "particular individual circumstances" are still permitted, while requiring the person to provide compelling evidence in support of such a claim. A court or
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Section 6 of the Human Rights Act requires public authorities to act compatibly with European Convention rights. Sections 7, 8 and 9 give people the right to bring proceedings and get remedies in the courts of the United Kingdom, rather than having to go to the European Court of Human Rights. The act
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in section 2(3) of the act could itself be judicially reviewed, to test the lawfulness of migrants being denied access to the courts. The outcome of this would depend on whether the courts maintained the orthodoxy that parliamentary sovereignty makes whatever Parliament enacts lawful or whether they
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Section 5 provides that where the European Court of Human Rights makes urgent orders called "interim measures" in proceedings concerning the removal of a person to Rwanda under the Immigration Acts, a minister can decide whether to comply. Courts and tribunals are therefore instructed to ignore such
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On 5 December 2023, the government signed a new treaty with Rwanda containing further safeguards over relocation. A significant change is that no one relocated to Rwanda could be sent on from there to another country, only back to Britain. The Rwanda policy does not mean that asylum-seekers would be
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Section 3(4) disapplies section 3 of the Human Rights Act, which requires legislation to be interpreted compatibly with Convention rights "so far as it is possible to do so", in relation to the entire act; so that courts interpreting the legislation are not required to attempt to find a Convention-
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After this, the bill returned to the Lords for consideration of Commons disagreements on 20 March 2024, where the Lords insisted on a number of amendments. The bill was then sent back and forth four times where it waited on Commons consideration of Lords amendments on 22 April 2024, and where the
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Section 3(3) disapplies the Human Rights Act for the purpose of determining whether Rwanda is a safe country in respect of a decision to be taken under the Immigration acts. Where the question of the safeness of Rwanda arises in any such proceedings, courts and tribunals are not required to take
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Professor Elliott's comment on this is "For a court to take the step implied in this comment, by holding, in effect, that Parliament had exceeded its authority by seeking to limit the courts' constitutional role, would be fraught with risk for the judiciary."
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government vowed to disagree with the amendments. The bill returned to the Lords the same day for consideration of Commons disagreements. There was speculation about the double-insistence rule and its implications for the bill, including the use of the
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Section 3 disapplies most of the operative provisions of the Human Rights Act 1998, for certain specific purposes. Section 2 of that act requires that the courts "must take into account" the judgments and decisions of the
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Section 9 provides that if enacted the act would not come into force until the United Kingdom-Rwanda Asylum Partnership Treaty comes into force, when the internal ratification procedures of each country are complete.
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The bill was considered by a committee of the whole House on 16–17 January 2024 and passed its third reading in the Commons with a majority of 44. Eleven Conservative MPs voted against the bill, including former
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held in Rwanda while their claims for asylum were determined in Britain. Their claims would be determined by Rwanda, and when claims were allowed the result would be that those concerned would remain in Rwanda.
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Section 2 seeks to prohibit legal challenges based on the argument that Rwanda is unsafe. It instructs immigration officers and judges to treat Rwanda as safe when deciding whether or not to send people there:
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Section 1(1) states that the purpose of the act is to "prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes". This repeats a section of the Illegal Migration Act 2023.
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Section 1(6) defines international law as including the treaties mentioned by the Supreme Court in its judgment, as well as customary international law and "any other international law... whatsoever".
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Section 7(2) excludes Rwandan citizens from being removed to Rwanda, as a claim for asylum by such persons is likely to be based on alleged persecution by the Government of Rwanda.
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A decision as to whether to grant interim relief, such as an injunction preventing removal, in a challenge to removal based on individual circumstances under section 4 of the act.
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resigned as immigration minister over "strong disagreements" with the government's response to problems with the Rwanda plan, stating that the act "does not go far enough".
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Section 1(5) defines the meaning of declaring that Rwanda is a safe country: namely, that removing someone to there is in compliance with all relevant international law.
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Section 1(2) refers to the recent treaty with Rwanda and states that the act gives effect to "the judgement of Parliament that the Republic of Rwanda is a safe country".
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A decision as to whether the person would face a real risk of serious and irreversible harm in a challenge to removal based on particular individual circumstances.
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Sections 6 to 10 mostly deal with routine technical issues common to most legislation, such as territorial extent. However, there are two which are significant.
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subsequently stated that he would withdraw the UK from the ECHR if there were further challenges to stop deportations to Rwanda after the act was passed.
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on 15 November 2023 found that Rwanda is not safe, and the plan was unlawful, as migrants might be sent away from Rwanda to face persecution.
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In the act, Parliament has declared that Rwanda is to be treated as safe, believing that this will mean the relocation plan is lawful.
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Section 1(3) summarises the treaty, setting out what has changed since an asylum partnership was agreed with Rwanda in April 2022.
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and received royal assent on 25 April 2024. The act will come into force with the United Kingdom-Rwanda Asylum Partnership Treaty.
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Section 2(4) prohibits arguments that someone removed to Rwanda might be sent to another country and as a result face persecution
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The act seeks to deter unlawful migration, particularly by unsafe and illegal routes, by allowing some migrants to be sent to the
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which prohibits a court or tribunal from hearing a legal challenge to a removal to Rwanda based on the safety of Rwanda.
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said later "if the government sticks to its guns then it can probably get this legislation through intact".
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on 22 April 2024 and the Lords did not insist on their amendments in the early hours of 23 April 2024.
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Alasdair Mackenzie, a barrister active in the Rwanda litigation, has suggested that the prevention of
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Section 2(1) "Every decision-maker must conclusively treat the Republic of Rwanda as a safe country."
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in Britain to Rwanda and says it is a safe country for them. Despite legislative changes in the
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over the bill. The act secured its second reading in the Lords on 29 January 2024 and had its
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An act to make provision about the removal of certain migrants to the Republic of Rwanda.
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A decision to conclusively treat Rwanda as a safe country under section 2(1) of the act;
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Section 1(4)(b) states that international law does not override acts of the Parliament.
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Please help update this article to reflect recent events or newly available information.
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Safety of Rwanda (Asylum and Immigration) Bill - Parliamentary Bills - UK Parliament
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agreed with some previous judgments that parliamentary sovereignty is not absolute.
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of Conservatives had recommended its members to vote for the act, and its chairman
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Section 3(5) disapplies sections 6 to 9 of the Human Rights Act, in relation to:
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Section 1(4)(a) recognises that Parliament is sovereign, repeating words in the
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as in force today (including any amendments) within the United Kingdom, from
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account of any relevant ECHR case law, but are not prevented from doing so.
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After its third reading in the Lords, the bill returned to the Commons for
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Parliamentary Under-Secretary of State for the Home Department
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Text of the Safety of Rwanda (Asylum and Immigration) Act 2024
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Parliamentary Under-Secretary of State for the Home Department
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Safety of Rwanda (Asylum and Immigration) Act 2024, section 9
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interim measures when considering an application or appeal.
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R (Privacy International) v Investigatory Powers Tribunal
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altogether, which was opposed by the Rwandan government.
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The background to the act is the British Government's
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(8 December 2023). 579:The two deputy chairmen of the Conservative Party, 186: 179: 172: 165: 155: 150: 118: 105: 95: 1278: 1191: 202:Safety of Rwanda (Asylum and Immigration) Act 2024 72:Safety of Rwanda (Asylum and Immigration) Act 2024 1014:"PM will fail on Rwanda Bill - Suella Braverman" 1012:Zeffman, Henry; Francis, Sam (7 December 2023). 347:While the act disapplies some provisions of the 646: 444:European Union (Withdrawal Agreement) Act 2020 18:Safety of Rwanda (Asylum and Immigration) Bill 1311:British and Irish Legal Information Institute 977:, 15 November 2023, accessed 10 December 2023 8: 999:, 6 December 2023, accessed 10 December 2023 273:disagreed with all the Lords’ amendments. 130: 71: 27:Act of the Parliament of the United Kingdom 143: 70: 1377:Constitutional laws of the United Kingdom 1357:January 2024 events in the United Kingdom 420:Learn how and when to remove this message 269:, which took place on 18 March 2024. The 392:Relevant discussion may be found on the 1160: 1158: 662: 1362:United Kingdom Acts of Parliament 2024 1007: 1005: 597:was "set for titanic battle" with the 532:The bill for the act was announced by 404:to additional sources at this section. 1352:Immigration law in the United Kingdom 987: 985: 983: 718: 716: 714: 712: 710: 708: 706: 704: 702: 700: 698: 696: 694: 692: 690: 688: 686: 181:Text of statute as originally enacted 174:History of passage through Parliament 7: 1134:Sparrow, Andrew (12 December 2023). 923:Bancroft, Holly (15 November 2023). 684: 682: 680: 678: 676: 674: 672: 670: 668: 666: 975:Supreme Court of the United Kingdom 781:"UK Parliament - Double insistence" 353:European Convention on Human Rights 335:Supreme Court of the United Kingdom 1165:Morton, Becky (12 December 2023). 385:relies largely or entirely upon a 25: 634:In the Supreme Court judgment in 294:The bill had two extra rounds of 1342:Parliament of the United Kingdom 1249:Dathan, Matt (6 December 2023). 572:and former immigration minister 374: 258:on 19 February 2024, and passed 210:Parliament of the United Kingdom 89:Parliament of the United Kingdom 82: 34: 1367:Rwanda–United Kingdom relations 1074:Martin, Daniel (3 April 2024). 605:in the Lords on 12 March 2024. 333:at the time, a judgment of the 301:The bill therefore passed both 242:The bill was introduced to the 478:European Court of Human Rights 235:on 12 December and passed its 1: 1040:Smyth, Chris (4 April 2024). 329:on 20 July 2023, but was not 1347:Home Office (United Kingdom) 480:if relevant to proceedings. 1313:, accessed 10 December 2023 267:consideration of amendments 219:. It was introduced in the 167:Status: Current legislation 1393: 1372:Premiership of Rishi Sunak 323:Illegal Migration Act 2023 68:United Kingdom legislation 488:compliant reading of it. 81: 76: 43:This article needs to be 991:Professor Mark Elliott, 732:House of Commons Library 136:The Lord Sharpe of Epsom 997:Public Law for Everyone 559:European Research Group 296:Parliamentary ping-pong 223:on 7 December 2023, by 650: 536:on 6 December 2023 as 528:Parliamentary progress 538:emergency legislation 349:Human Rights Act 1998 613:On 6 December 2023, 585:Brendan Clarke-Smith 398:improve this article 303:Houses of Parliament 262:on 6 March 2024. 248:Lord Sharpe of Epsom 239:on 17 January 2024. 1080:The Daily Telegraph 545:One Nation grouping 465:Section 2(3) is an 73: 557:, chairman of the 315:Rwanda asylum plan 217:Republic of Rwanda 192:legislation.gov.uk 1202:. 17 January 2024 888:. 25 April 2024. 886:The Straits Times 430: 429: 422: 325:, which received 198: 197: 77:Act of Parliament 64: 63: 16:(Redirected from 1384: 1314: 1304: 1298: 1297: 1295: 1293: 1282: 1274: 1268: 1267: 1265: 1263: 1246: 1240: 1239: 1237: 1235: 1218: 1212: 1211: 1209: 1207: 1195: 1188: 1182: 1181: 1179: 1177: 1162: 1153: 1152: 1150: 1148: 1131: 1125: 1124: 1122: 1120: 1105: 1099: 1098: 1096: 1094: 1071: 1065: 1064: 1062: 1060: 1037: 1031: 1030: 1028: 1026: 1009: 1000: 989: 978: 959:Lord Lloyd-Jones 948: 942: 941: 939: 937: 920: 914: 911: 905: 904: 902: 900: 878: 872: 871: 869: 867: 853: 847: 846: 844: 842: 828: 822: 821: 819: 817: 802: 796: 795: 793: 791: 777: 771: 770: 768: 766: 757: 749: 743: 742: 740: 738: 729: 720: 621:Suella Braverman 570:Suella Braverman 425: 418: 414: 411: 405: 378: 377: 370: 221:House of Commons 145: 132: 86: 85: 74: 59: 56: 50: 38: 37: 30: 21: 1392: 1391: 1387: 1386: 1385: 1383: 1382: 1381: 1332: 1331: 1323: 1318: 1317: 1305: 1301: 1291: 1289: 1286:Financial Times 1276: 1275: 1271: 1261: 1259: 1248: 1247: 1243: 1233: 1231: 1228:The Independent 1220: 1219: 1215: 1205: 1203: 1199:Financial Times 1190: 1189: 1185: 1175: 1173: 1164: 1163: 1156: 1146: 1144: 1133: 1132: 1128: 1118: 1116: 1113:The Independent 1107: 1106: 1102: 1092: 1090: 1073: 1072: 1068: 1058: 1056: 1039: 1038: 1034: 1024: 1022: 1011: 1010: 1003: 990: 981: 949: 945: 935: 933: 930:The Independent 922: 921: 917: 912: 908: 898: 896: 880: 879: 875: 865: 863: 855: 854: 850: 840: 838: 830: 829: 825: 815: 813: 812:. 19 April 2024 804: 803: 799: 789: 787: 779: 778: 774: 764: 762: 755: 751: 750: 746: 736: 734: 727: 722: 721: 664: 659: 628:judicial review 611: 590:The Independent 530: 426: 415: 409: 406: 400:by introducing 391: 379: 375: 368: 311: 279:Parliament Acts 256:Committee Stage 168: 134: 91: 83: 69: 60: 54: 51: 48: 39: 35: 28: 23: 22: 15: 12: 11: 5: 1390: 1388: 1380: 1379: 1374: 1369: 1364: 1359: 1354: 1349: 1344: 1334: 1333: 1330: 1329: 1322: 1321:External links 1319: 1316: 1315: 1299: 1269: 1241: 1213: 1183: 1154: 1126: 1115:. 3 April 2024 1100: 1066: 1032: 1001: 979: 943: 915: 906: 873: 848: 823: 797: 772: 744: 661: 660: 658: 655: 615:Robert Jenrick 610: 607: 599:House of Lords 593:reported that 574:Robert Jenrick 567:Home Secretary 534:James Cleverly 529: 526: 503: 502: 499: 496: 428: 427: 396:. 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Index

Safety of Rwanda (Asylum and Immigration) Bill
Parliament of the United Kingdom
Long title
Citation
2024
James Cleverly
Home Secretary
The Lord Sharpe of Epsom
Parliamentary Under-Secretary of State for the Home Department
Royal assent
History of passage through Parliament
Text of statute as originally enacted
Text of the Safety of Rwanda (Asylum and Immigration) Act 2024
legislation.gov.uk
act
Parliament of the United Kingdom
Republic of Rwanda
House of Commons
James Cleverly
Home Secretary
second reading
third reading
House of Lords
Lord Sharpe of Epsom
Parliamentary Under-Secretary of State for the Home Department
Committee Stage
Report Stage
consideration of amendments
government
Parliament Acts

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