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Rule of law concerns

13 December 2023
Issue: 8053 / Categories: Legal News , Immigration & asylum , Rule of law
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MPs have passed the controversial Safety of Rwanda (Asylum and Immigration) Bill despite concerns expressed by lawyers

The Bill was brought to circumvent the Supreme Court’s ruling that a government scheme to send asylum seekers to Rwanda is unlawful as it is not a safe third country.

Nick Vineall KC, Chair of the Bar Council, said: ‘The Bill contains some striking provisions.

‘Section 2(1) requires every decision maker (including the courts) to “conclusively” treat the Republic of Rwanda as a safe country, whether or not it is in fact safe. Section 3 disapplies some key provisions of the Human Rights Act. Happily, s 4 retains the right of the courts to consider whether Rwanda is a safe country for any particular individual.’

Vineall predicted legal challenges if the bill passed into law.

Law Society chief executive officer Ian Jeffery said the bill would create a statutory duty that every decision maker must treat Rwanda as a safe country. Jeffery said parliament ‘cannot use law to change fact’.

Issue: 8053 / Categories: Legal News , Immigration & asylum , Rule of law
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