With this it will be convenient to discuss the following:
Amendment 1, page 2, line 34, at end insert—
“(1A) The Secretary of State must lay a report before Parliament no later than one year after this Act is passed, and at least once in every subsequent calendar year, on whether in the judgement of His Majesty's Government the Republic of Rwanda is a safe country.”
This amendment requires the Secretary of State to monitor on an ongoing basis whether Rwanda remains a safe country and to report the outcome to the House.
Amendment 46, page 2, line 41, leave out “not”.
This amendment would require a court or tribunal to consider review or appeals of decisions relating to the removal of a person to Rwanda.
Amendment 47, page 3, line 3, leave out “not”.
This amendment would require a court or tribunal to consider claims about actions of the Republic of Rwanda .
Amendment 35, page 3, line 4, leave out paragraph (a).
This amendment would permit courts and tribunals to deal with systematic risk of refoulement from Rwanda .
Amendment 56, page 3, line 12, at end insert—
“(d) any claim or complaint made by a person on the grounds that the Republic of Rwanda is not a safe country if the person has—
participated or engaged in any activity, or made any communication containing serious allegations, which has led directly to bringing into question the safety of the Republic of Rwanda in general or in relation to that person, or
(ii) colluded or conspired with any other persons who have participated or engaged in any activity, or in any communication containing serious allegations, which could lead directly to bringing into question the safety of the Republic of Rwanda in general or in relation to those persons.”
This amendment would prevent a court or tribunal considering a claim that Rwanda is not a safe country from persons who deliberately tried to put themselves in jeopardy if they were removed to Rwanda.
Amendment 10, page 3, line 13, leave out subsection (5) and insert—
“(5A) This Act and the Illegal Migration Act 2023 will have effect in relation to removals to Rwanda notwithstanding—
(a) any provision made by or under the Immigration Acts,
(b) the Human Rights Act 1998,
(c) EU derived law and case law retained under sections 2 to 7 of the European Union (Withdrawal) Act 2018,
(d) any other provision or rule of domestic law (including any common law), and
(e) international law, including any interpretation of international law by the court or tribunal.
(5B) Nothing identified in paragraphs (a) to (e) of subsection (5A) may prevent or delay the removal to Rwanda of an individual under this Act or the Illegal Migration Act 2023, or affect the interpretation or application of any provision of this Act or the Illegal Migration Act 2023, including the actions or policies of public authorities, in relation to the removal of a person to Rwanda.
(5C) To the extent that any provision or requirement included in paragraphs (a) to (e) of subsection (5A) has been given effect to in legislation (including the Asylum and Immigration Appeals Act 1993, the Nationality, Immigration and Asylum Act 2002 and the Asylum and Immigration (Treatment of Claimants etc) Act 2004), that legislation does not apply in relation to provision made by or by virtue of this Act or the Illegal Migration Act 2023 in relation to the removal of an individual to Rwanda, and shall not prevent or delay the removal to Rwanda of an individual under this Act or the Illegal Migration Act 2023.
(5D) A person or body to which subsection (5E) applies may not have regard to international law, in the circumstances mentioned in subsection (5G).
(5E) This subsection applies to—
(a) the Secretary of State or an immigration officer when exercising any function related to removing, or considering for removal a person to Rwanda under this Act or the Illegal Migration Act 2023,
(b) a court or tribunal when considering any application or appeal which relates to a decision or purported decision to remove, or to consider the removal of a person to Rwanda under this Act or the Illegal Migration Act 2023.
(5F) No inference is to be drawn from this section as to whether or not a person or body mentioned in subsection (5E) would otherwise have been required to have regard to international law.
(5G) The Asylum and Immigration Appeals Act 1993 is amended as follows.
(5H) In section 2 at the end insert ‘except in relation to the removal of a person to Rwanda under the Safety of Rwanda (Asylum and Immigration) Act 2024 and the Illegal Migration Act 2023’.”
This amendment specifically excludes the legislation raised in AAA v Secretary of State of the Home Department [2023] UKSC 42 as potential blocks to removal and excludes from consideration any international law (including the ECHR and anything put out by its court).
Clause stand part.
Amendment 19, in clause 4, page 4, line 11, leave out from “whether” to the end of line 14 and insert
“and in what manner a person is to be removed, or considered for removal, to Rwanda under this Act or the Illegal Migration Act 2023”.
This and other amendments to Clause 4 are intended to remove the ability of individuals to block their own removal through suspensive claims and to limit such claims to rare situations where there is bad faith on the part of decision-makers in relation to decisions as to medical fitness to travel.
Amendment 48, page 4, line 13, leave out from “circumstances” to end of line 14.
This amendment is intended to allow the decision-maker to consider whether the Republic of Rwanda is not a safe country in general.
Amendment 20, page 4, line 18, leave out from “that” to end of line 22 and insert
“are expressly permitted by this Act or by the Illegal Migration Act 2023”.
This and other amendments to Clause 4 are intended to remove the ability of individuals to block their own removal through suspensive claims and to limit such claims to rare situations where there is bad faith on the part of decision-makers in relation to decisions as to medical fitness to travel.
Amendment 49, page 4, line 20, leave out from “circumstances” to end of line 22.
This amendment is intended to allow the court or tribunal to consider whether the Republic of Rwanda is not a safe country in general.
Amendment 37, page 4, line 23, leave out subsection (2).
This amendment ensures that decision-makers are still able to consider the risk of refoulement when making individual decisions on removals to Rwanda.
Amendment 50, page 4, line 23, leave out subsections (2) to (7).
Amendment 2, page 4, line 27, at end insert —
“(2A) Any review or appeal under subsection (1) may be considered only after the person in question has arrived in Rwanda.
(2B) The Secretary of State may provide any necessary technical assistance, including access to video-links, to the person in question if it appears reasonable to a Minister of the Crown that such assistance should be provided in order to enable the person in question to request a review or make an appeal after their arrival in Rwanda.
(2C) The Secretary of State may provide any necessary incidental or medical assistance to the person in question if it appears reasonable, in the circumstances of that individual person in question, to a Minister of the Crown that such assistance should be provided in order to enable the person in question to travel to, and if necessary to be looked after or quarantined following arrival in, the Republic of Rwanda.
(2D) Any decision by a Minister of the Crown in relation to subsection (2B) or (2C) shall be final for all purposes and may not be considered or questioned in any tribunal or court.”
This amendment would allow reviews and appeals to take place only after the person had reached Rwanda; allow video-links for an appeal made from Rwanda; authorise the provision of any necessary medical help or quarantine on the way and if necessary after arrival in Rwanda; and prevent the courts from questioning decisions on assistance made by Ministers.
Amendment 3, page 4, line 28, leave out subsections (3) to (6) and insert—
“(2E) No order for an interim remedy under this section may be made by any tribunal or court.”
Amendment 21, page 4, line 34, leave out from “is” to end of line 37 and insert
“expressly permitted to do so by this Act or by the Illegal Migration Act 2023”
This and other amendments to Clause 4 are intended to remove the ability of individuals to block their own removal through suspensive claims and to limit such claims to rare situations where there is bad faith on the part of decision-makers in relation to decisions as to medical fitness to travel.
Amendment 57, page 5, line 1 , at end insert—
“‘compelling evidence’ may not include foreseeable risk of any kind of harm to a person if that person has—
(i) participated or engaged in any activity, or made any communication containing serious allegations, which has led directly to bringing into question the safety of the Republic of Rwanda in the particular individual circumstances of that person, or
(ii) colluded or conspired with any other persons who have participated or engaged in any activity, or in any communication containing serious allegations, which could lead to bringing into question the safety of the Republic of Rwanda in the particular individual circumstances of that person.”
This amendment would prevent the Secretary of State, an immigration officer or a court or tribunal considering a claim that Rwanda was not a safe country for the particular individual circumstances of a person if that person had deliberately tried to put themselves in jeopardy if they were removed to Rwanda.
Amendment 22, page 5, line 7, at end insert —
“(8) The Illegal Migration Act 2023 is amended as follows.
(9) In section 8 at the end insert—
‘(18) In relation to notices under subsection (2) which specify Rwanda as the country of destination —
(a) paragraph 2(b) does not apply, and
(b) subsections (3) to (7) do not apply.’
(10) After section 8 insert—
‘8A Finality of decisions
(1) Subsections (2) and (3) apply in relation to persons named in notices as described in subsection 8(18), and all matters, decisions, or conclusions reached in relation to their selection, processing, detention, and removal.
(2) These matters, decisions, and conclusions are final, and not liable to be questioned or set aside in any court or tribunal.
(3) In particular—
(a) the decision maker is not to be regarded as having exceeded its powers by reason of any error made in reaching the decision;
(b) the supervisory jurisdiction does not extend to, and no application or petition for judicial review may be made or brought in relation to, the decision.
(4) Subsection (5) applies only in relation to decisions as to medical fitness to travel to Rwanda.
(5) Subsections (2) and (3) do not apply so far as the decision involves or gives rise to any question as to whether the decision maker is acting or has acted in bad faith.
(6) The court of supervisory jurisdiction is not to entertain any application or petition for judicial review in respect of a decision relating to a removal or proposed removal to Rwanda that it would not entertain (whether as a matter of law or discretion) in the absence of this section.
(7) In this section—
“bad faith” means dishonesty or personal malice, and does not include unreasonableness or actions taken which are inconsistent with international law;
“decision” includes any purported decision;
“first-instance decision” means the decision in relation to which permission (or leave) to appeal is being sought;
“the supervisory jurisdiction” means the supervisory jurisdiction of—
(a) the High Court in England and Wales or Northern Ireland,
or
(b) the Court of Session, in Scotland,
and
“the court of supervisory jurisdiction” is to be read accordingly.’
(11) After the cross-heading ‘Entry, settlement and citizenship’, insert—
‘29A Exclusion of certain provisions relating to entry, settlement and citizenship
Sections 30 to 37, and the other legislation therein mentioned or referred to, shall not apply if they have the effect of preventing or delaying any removal notified under this Act to Rwanda.’
(12) After the cross-heading ‘Legal proceedings’ insert—
‘37A Exclusion of certain provisions relating to legal proceedings
(1) Subsections (2) and (3) apply in relation to persons named in notices as described in subsection 8(18).
(2) Suspensive claims, as defined in section 38, are not available in relation to such persons.
(3) Where suspensive claims (including any appeals) have been commenced prior to the giving of notice, such claims and any pending appeals are null and void and shall not prevent removal or have any other legal effect.’”
This amendment limits the ability of courts to review, and restricts suspensive claims that may be made, in relation to the decision to remove a person to Rwanda.
Clause 4 stand part.
New clause 6—Changes to the classification of Rwanda as safe—
“(1) A Monitoring Committee overseeing removals to Rwanda must be established
and maintained in accordance with Article 15 of the Rwanda Treaty.
(2) Section 2(1) of this Act does not apply if—
(a) the Monitoring Committee established under subsection (1) has formally concluded that the Republic of Rwanda is in breach of its obligations under that Treaty,
(b) the Secretary of State has advised against travel to the Republic of Rwanda, or
(c) if a court or tribunal has found the Republic of Rwanda to be unsafe in accordance with subsection (3) below.
(3) On an application for judicial review, if a UK Senior Court determines that credible evidence exists that the Republic of Rwanda is no longer safe on the basis of non-compliance with its obligations under the Rwanda Treaty, nothing in this Act shall prevent a court or tribunal from further considering an application for judicial review brought by an individual so affected.”
This new clause places the Monitoring Committee for the Rwanda Treaty on a statutory basis, and places conditions on when the classification of Rwanda as ‘safe’ can be suspended in accordance with material conditions and/or non-compliance with obligations under the Rwanda Treaty.
Amendment 28, in clause 9, page 6, line 38, after “Act” insert “except section 2”.
This is a paving amendment for Amendments 29 and 30.
Amendment 29, page 6, line 39, at end insert—
“(1A) The Secretary of State may by order made by statutory instrument bring section 2 into force.”
This Amendment makes the commencement of Clause 2 (Safety of the Republic of Rwanda) subject to a commencement order.
Amendment 30, page 6, line 39, at end insert—
“(1B) The Secretary of State may not make an order under subsection (1A) before—
(a) at least 30 days have elapsed since the Rwanda Treaty entered into force, and only if
(b) the Secretary of State is satisfied with the extent of the implementation by Rwanda of its domestic obligations under the Rwanda Treaty since the Treaty entered into force.”
This Amendment makes the commencement order for Clause 2 (Safety of the Republic of Rwanda) contingent on the Secretary of State being satisfied with the implementation by Rwanda of its domestic obligations under the new Treaty.