The Government must seek leave to appeal from the Court of Appeal by July 6, which falls on the upcoming Thursday. If granted, the case will automatically proceed to the Supreme Court, where it could be heard before the end of July, although it’s more likely to be scheduled for the Autumn.
The Court of Appeal’s recent decision contradicts the ruling made by the High Court, which deemed Rwanda as a safe country and approved the lawfulness of deportations. This verdict was contested by ten individual asylum seekers and the charity Asylum Aid, arguing that the High Court was excessively deferential to the Home Office’s assessment that the assurances provided by the Rwandan authorities were sufficient to protect relocated asylum seekers.
Two out of the three judges in the Court of Appeal, Sir Geoffrey Vos and Lord Justice Underhill, agreed that there are significant flaws in Rwanda’s asylum system, suggesting that there are genuine concerns that individuals sent to Rwanda might be returned to their home countries. This would expose them to the risk of persecution or other forms of inhumane treatment, even though they have strong grounds for seeking asylum.
“In that sense, Rwanda cannot be considered a ‘safe third country’,” Lord Burnett stated as he summarized the ruling of the three judges. “The appeal on whether Rwanda is a safe country is allowed by a majority, while the other grounds are unanimously dismissed.”
Expressing his dissenting opinion, Lord Burnett stated that he concurred with the assessments that Rwanda has implemented adequate procedures and offered assurances to prevent the wrongful return of relocated asylum seekers to countries where they face persecution or inhumane treatment. He also highlighted the low probability of failed asylum seekers being returned to their countries of origin, primarily because Rwanda has no existing agreements in place with those countries.
“Furthermore, the comprehensive monitoring mechanisms, both formal and informal, for all individuals sent to Rwanda and their asylum claims, provide robust protection,” Lord Burnett concluded. “Given the determination of both governments to ensure the success of the agreement, the safeguards implemented are sufficient.”
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