‘This post examines the High Court’s December ruling on the lawfulness of the UK Government’s Rwanda scheme. The Rwanda scheme allows people to be removed to Rwanda to have their asylum claims determined, where that claim is considered inadmissible in the UK. The lawfulness of the scheme partly turned on its compatibility with the UK’s obligations under the UN Refugee Convention and the European Convention on Human Rights (ECHR) by reference to whether, as asserted by the UK Government, refugees deported under the scheme would face a real risk of mistreatment (contrary to Article 3 and the Refugee Convention). The ruling therefore provides an important lens through which to examine Government assessments of the risks faced by refugees as part of its immigration policy and the ECHR constraints on such policies. This is a timely issue in light of recent reports that the Prime Minister is considering proposals for the UK to withdraw from membership of the ECHR should it constrain the Government in its immigration plans.’

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UK Constitutional Law Association, 7th February 2023

Source: ukconstitutionallaw.org