AAA & others v The Secretary of State for the Home Department
Monday 24 – Thursday 27 March 2023
Appeal from decision of the King’s Bench Division, Divisional Court (Lewis LJ and Swift J) dated 19th December 2022 dismissing challenges by way of substantive judicial review of decision of the SSHD that asylum claims should not be decided in the UK but that the claimant should be removed to Rwanda. The claim would then be decided in Rwanda in accordance with arrangements made by the governments of the UK and Rwanda.
The Divisional Court dealt with claims made by 11 individuals, and several organisations. UNHCR was intervening. On the generic ground the Court found that it was lawful for the arrangements to be made with Rwanda for people to be sent there and for their claims to be determined there. The UK government was entitled to rely on the Memorandum of Understanding and notes verbales to satisfy itself as to safety.