Key Facts
- •Judicial review of the Rwanda asylum scheme.
- •Eight claims heard by the Divisional Court (Lewis LJ and Swift J).
- •Challenges to inadmissibility, removal, and human rights decisions.
- •Divisional Court quashed decisions in some cases but not others.
- •Appeals to the Court of Appeal.
- •Focus on generic and individual grounds of challenge.
- •Issues concerning interpretation of the Ilias test, Tameside duty, Soering test, and Refugee Convention.
Legal Principles
Ilias test for thorough examination of asylum system adequacy
Case law (implied)
Tameside duty for sufficient inquiry
Case law (implied)
Soering test for real risk of refoulement or Article 3 ill-treatment
Case law (implied)
Refugee Convention rights
Refugee Convention
Othman test for reliability of assurances
Othman (App No. 8139/09)
Article 31 of the Refugee Convention (penalty)
Refugee Convention
Certification power under Part 5 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants etc.) Act 2004
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Gillick test for unlawful policy
Gillick (implied)
Data protection legislation
Data protection legislation (unspecified)
Definition of trafficking under the European Convention on Action against Trafficking
European Convention on Action against Trafficking
Definition of forced labour by the International Labour Organisation
International Labour Organisation
Outcomes
Permission to appeal granted on some grounds, refused on others.
Varied reasons given for granting or refusing permission, based on arguability and overlap with other grounds.