R (on the application of AAA (Syria) and others) v Secretary of State for the Home Department

15 November 2023

[2023] UKSC 42

Supreme Court

The UK court said the government's plan to send asylum seekers to Rwanda is illegal because it's too risky. Rwanda's system for helping asylum seekers isn't good enough, and there's a real chance people would be sent back to dangerous places. A separate legal argument about EU rules was also rejected.

Key Facts

•The UK government's policy to send asylum seekers to Rwanda for asylum processing.
•Challenge to the lawfulness of the Rwanda policy by asylum seekers.
•The policy's implementation under paragraphs 345A to 345D of the Immigration Rules.
•The Migration and Economic Development Partnership (MEDP) between the UK and Rwanda.
•Concerns about Rwanda's asylum system, including refoulement risks.
•The role of the UNHCR's evidence in assessing the risks.
•The relevance of Rwanda's past non-compliance with similar assurances given to Israel.
•A challenge based on retained EU law, specifically the Procedures Directive.

Legal Principles

Principle of non-refoulement

Refugee Convention, UNCAT, ICCPR, ECHR

Safe third country concept

Paragraph 345B of the Immigration Rules, Article 27 of the Procedures Directive

Judicial review of governmental decisions

Common law and Human Rights Act 1998

Principle of Legality

Common Law

Outcomes

The Rwanda policy is unlawful.

Substantial grounds exist to believe that removing asylum seekers to Rwanda exposes them to a real risk of refoulement due to inadequacies in Rwanda's asylum system and its past record.

ASM's cross-appeal based on retained EU law is dismissed.

The relevant provisions of the Procedures Directive ceased to be part of UK domestic law due to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020.

R (on the application of AAA (Syria) and others) v Secretary of State for the Home Department

Key Facts

Legal Principles

Outcomes

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