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R (AAA (Syria) and Others) v. Secretary of State for the Home Department; R (HTN (Vietnam)) v. Secretary of State for the Home Department; R (RM (Iran)) v. Secretary of State for the Home Department; R (AS (Iran)) v. Secretary of State for the Home Department; R (SAA (Sudan)) v. Secretary of State for the Home Department; R (ASM (Iraq)) v. Secretary of State for the Home Department

United Kingdom, England.  15 November 2023 .

Published online by Cambridge University Press:  05 March 2025

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Abstract

Aliens — Claims for asylum in United Kingdom — Inadmissibility and removal decisions made by Secretary of State — Asylum seekers challenging decisions — Policy to send asylum seekers to Rwanda — Rwandan authorities to decide asylum claims — Successful claimants to be granted asylum in Rwanda — Secretary of State certifying Rwanda as safe third country — Secretary of State relying on assurances from Rwandan Government — Reliability of assurances — Whether Rwanda safe third country — Principle of non-refoulement — Protection against refoulement under international law and domestic law — Whether asylum seekers removed to Rwanda would have access to adequate asylum procedure — Whether asylum seekers protected against refoulement — Evidence — Assessment of evidence — Role of courts — Role of executive — Established legal principles — Test to be applied by English court on issue of refoulement — Whether Rwanda policy lawful

Aliens — Expulsion of aliens — States having right to expel aliens under international law — Right to expel limited by international obligations — Principle of non-refoulement — Treaties ratified by United Kingdom prohibiting refoulement –– Customary international law — Whether asylum seekers protected against refoulement under international law — Whether asylum seekers protected against refoulement under domestic law — Secretary of State relying on assurances from Rwandan Government — Reliability of assurances — Whether Rwanda safe third country — Test to be applied by English court on issue of refoulement — Whether policy to send asylum seekers to Rwanda for Rwandan authorities to decide claims lawful — Approach to evidence — Discerning correct approach from decisions of European Court of Human Rights — Role of domestic courts in assessing evidence — Evidence bearing on risk of refoulement — Evidence of United Nations Refugee Agency — United Nations High Commissioner for Refugees

Relationship of international law and municipal law — Treaties — Treaties ratified by United Kingdom prohibiting refoulement — United Nations Convention relating to the Status of Refugees, 1951 and its 1967 Protocol — Article 33(1) — Interpretation of Article 33(1) by English courts — United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — United Nations International Covenant on Civil and Political Rights, 1966 — European Convention on Human Rights, 1950 — Judgments of European Court of Human Rights — Relevance — Principle of non-refoulement — Whether forming part of customary international law — Whether principle of non-refoulement given effect in domestic law — Acts of Parliament protecting refugees against refoulement — Acts of Parliament giving effect to treaties — Secretary of State relying on assurances from Rwandan Government — Reliability of assurances — Whether Rwanda safe third country — Role of English courts in assessing evidence — Test to be applied by English court on issue of refoulement — Whether policy to send asylum seekers to Rwanda for Rwandan authorities to decide claims lawful — Whether Rwanda policy in violation of retained European Union law

Treaties — Interpretation — United Nations Convention relating to the Status of Refugees, 1951 and its 1967 Protocol — Article 33(1) — Interpretation of Article 33(1) by English courts — United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 — United Nations International Covenant on Civil and Political Rights, 1966 — European Convention on Human Rights, 1950 — Treaties ratified by United Kingdom prohibiting refoulement — Principle of non-refoulement — Obligations of State Parties — Effect of treaties in domestic law — Secretary of State relying on assurances from Rwandan Government — Reliability of assurances — Whether Rwanda safe third country — Test to be applied by English court on issue of refoulement — Whether policy to send asylum seekers to Rwanda for Rwandan authorities to decide claims lawful — The law of the United Kingdom

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Type
Case Report
Copyright
© Cambridge University Press & Assessment 2025

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