Success in Rwanda Test Case in Landmark Court of Appeal Decision

Our Senior Partner Paul Turner Leads BHD Solicitors to success in Rwanda Test Case in Landmark Court of Appeal Decision

Barnes Harrild & Dyer Solicitors Immigration Team represented the Claimant AS in the Divisional Court proceedings AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin), and then in the Court of Appeal proceedings AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin).

Our claim for Judicial Review was heard by Lord Justice Lewis and Mr Justice Swift in the Divisional Court over 5 days in September 2022. The appeal in the Court of Appeal was heard by the Vice President of the Court of Appeal, the Master of the Rolls and the Lord Chief Justice over 4 days in May 2023

The cases focussed on the safety of the UK Governments Rwanda Plan, to send asylum seekers who enter the UK on small boats to have their asylum claims considered in Rwanda and whether the UK government has complied with its duties of inquiry when setting up the Rwanda plan, and whether there are systemic deficiencies in Rwandan’s asylum system that create breaches of the Refugee and Human Rights Conventions for people removed there.
The High Court concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that the UK government’s Rwanda plan was lawful but we succeeded in the appeal because our clients individual decision was held to be legally deficient.

We appealed the High Court’s finding that the Rwanda scheme was lawful to the Court of Appeal who have decided by a majority that the Rwanda plan is unlawful, because Rwanda is not a sufficiently safe country for asylum seekers due to deficiencies in their asylum system and therefore contrary to the UK’s obligations under Article 3 of the European Convention of Human Rights.

The Secretary of State have submitted to the Court of Appeal an application seeking permission to appeal to the Supreme Court which is yet to be decided.

Paul Turner, Iain Palmer and Qays Sediqi acted in this matter for Barnes Harrild & Dyer’s Immigration Team instructing counsel Sonali Naik KC, Adrian Berry, Mark Symes, Isaac Ricca-Richardson and Eva Doerr of Garden Court Chambers.