Published:  9th July 2024

An agreement has been reached today by both parties in our client’s judicial review challenge to the Home Office over his removal to Rwanda.

  • Our client’s asylum claim will be considered within 3 months.
  • The agreement means the possibility of removals taking place has been left open, despite the Prime Minister’s claim that the Rwanda plan is “dead and buried”.
  • Lawyers say lack of clarity is likely to keep all of those who have been waiting for a decision on their case – over 50,0000 people – in “prolonged limbo”.
  • The Government will state its position by Tuesday 1 October in relation to its intentions as regards the Rwanda Act 2024 and to the guidance in relation to the cohort of migrants affected by the Migration and Economic Development Partnership.

Today, the Home Secretary has agreed to settle the cases of PLP’s client SM, as well as the joined claims of SY and YXY. Our client and the other claimants will not be removed to Rwanda and his asylum claim will be considered in the UK. SM’s judicial review will be withdrawn as he has obtained his remedy, and the Home Secretary will pay his costs.

Rakesh Singh, PLP Solicitor, said:

“This decision is welcome news to our client who has been living under the threat of being sent to Rwanda, a country that the Supreme Court considered was unsafe for asylum-seekers.

“However, whilst confirming that no flights to Rwanda were planned, the Home Secretary has left open the possibility that removals to Rwanda might still take place. This is in contrast to the Prime Minister’s commitment that the Rwanda policy was ‘dead and buried’. Instead, the Home Secretary has said that she needs almost 3 months more to consider her position.

“Because this issue remains undecided, Asylum Aid’s challenge to the policy and Act, which was stayed pending SM, will have its stay lifted whilst we wait to find out what the Home Secretary’s next steps are.”

Public Law Project CEO Shameem Ahmad said:

“It is deeply disappointing that, while the Prime Minister has stated in clear terms that the Rwanda policy was ‘dead and buried’, in court today the Home Secretary took a different and inconsistent position. The Home Secretary appears to have left open the possibility that flights could still take place.

“In the meantime, this lack of clarity is likely to keep all of those who have been waiting for a decision on their case in prolonged limbo whilst the Home Secretary decides what to do.

“Today could have marked an important moment for the new Government to break ties with this policy. The Rwanda scheme is an inhumane, illegal, unworkable policy that embarrasses our country on the international stage, as well as causing real and acute harm to those people at the heart of it. It has been a vehicle used by many to threaten our human rights framework and the rule of law. Instead, by not effecting the Prime Minister’s commitment, the Home Secretary has allowed litigation relating to the Rwanda Scheme to continue.

“We call on the Home Secretary to ditch the Rwanda policy immediately and unequivocally, and as a matter of urgency repeal the legislation that underpins it, the Safety of Rwanda Act and the Illegal Migration Act.

“Once the legislation is ditched, the real work can begin to build a migration system worthy of the UK, one based on treating people fairly and humanely, and on basic common-sense principles. Government must also pivot its attention to address the needs of over 50,000 asylum seekers that have been living in limbo while the Home Office gets its act together.

“PLP will continue to work with our clients and partners throughout the sector to keep the pressure on the new Government to do better, to stand firm by the rule of law and human rights, and to treat all who come to the UK for whatever reason, with dignity and respect.”