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Ahead of the introduction of the Border Security, Asylum and Immigration Bill in Parliament, we are pleased to share that the Home Secretary has confirmed to Asylum Aid that the government will repeal the Safety of Rwanda (Asylum and Immigration) Act 2024, in response to our legal challenge to the Rwanda plan.

While the Labour government had already announced that no one would be sent to Rwanda, the Safety of Rwanda Act, which declares Rwanda to be ‘safe’ despite the opposite finding by the Supreme Court, was an affront to the rule of law and yet remains on the statute books. It undermined the constitutional role of the Courts and damaged the UK’s international reputation. Given this government’s stated commitment to the rule of law, it is important that the Act is repealed, not simply left unimplemented.  The Home Secretary also committed to repealing the associated Policy Guidance once the Act is repealed, and we continue to urge her not to further delay in doing so.

We hope that the other provisions in the new Border Security, Asylum and Immigration Bill will uphold the rule of law, basic standards of fairness and ensure that those in need of protection have timely access to the asylum system in the UK. 

Since 2022, when the previous government first announced its Rwanda plan, this inhumane scheme has had a devastating impact on the mental health of people seeking protection in the UK, including many of our clients. We witnessed the anxiety of those we support, as they constantly feared being sent to a country with which they had no prior connection. That’s why, we were absolutely determined to ensure that this plan was never implemented, and we are proud that we accomplished that goal.   

Alison Pickup, Executive Director of Asylum Aid, said: 

“We look forward to the government acting on its commitment to roll back the Safety of Rwanda Act as soon as possible during this Parliament. We have seen in real time the disastrous impact of the previous government’s Rwanda plan – it not only had a deeply damaging effect on the mental health of people seeking asylum but put thousands of lives in limbo for over two years. This stands as a clear example of why the UK must never farm its human rights obligations out to third countries. What we need is investment in a fair and effective asylum system, and the establishment of safe routes to protection.” 

Human rights solicitor Stephanie Hill, who together with Carolin Ott and Tessa Gregory represents Asylum Aid, said: 

“We welcome the Home Secretary’s decision to take the necessary steps leading to the repeal of the Safety of Rwanda Act. This is a significant victory for the rule of law and the protection of asylum seekers in the UK. The Rwanda plan has caused untold distress for those seeking refuge, forcing them to live in fear of being sent to a country where they fear their rights will not be protected. 

“The commitment to repeal this Act represents an important step towards ensuring that the UK upholds its obligations to protect vulnerable people and treat those seeking asylum with dignity and fairness. Our client continues to call on the government to withdraw the policy guidance immediately and to implement a fair, effective asylum system that respects people’s human rights.”

Press contact: 

kennith.rosario@helenbamber.org or media@asylumaid.org.uk 

NOTE TO EDITORS: 

The Home Secretary has also confirmed to Asylum Aid that the Safety of Rwanda policy guidance as well as the policy on removal of failed asylum seekers to Rwanda will be withdrawn, once the Safety of Rwanda Act has been repealed. These commitments are set out in a consent order withdrawing Asylum Aid’s claim, which was agreed in October 2024 and sealed by the High Court on 13 January 2025.   

Asylum Aid is a leading provider of high-quality legal representation to people with complex cases who are seeking asylum in the UK. For over 30 years, Asylum Aid has worked with survivors of trafficking and torture, stateless people, unaccompanied children, and other vulnerable people seeking asylum to help them gain legal protection in the UK. Since 2020, Asylum Aid is part of the Helen Bamber Foundation Group. 

Asylum Aid filed a legal challenge in the High Court in May 2024 to the policy guidance issued under the Safety of Rwanda (Asylum and Immigration) Act 2024. We argued that the policy unlawfully instructs decision makers to ignore compelling evidence put forward by individuals showing that they would be at individual risk of being sent from Rwanda to another country where they face a risk of persecution, torture or even death. The policy, Asylum Aid believes, is unlawful and misinterprets the Safety of Rwanda (Asylum and Immigration) Act 2024, which was given Royal Assent on 25 April.

The claim was stayed pending a hearing of claims brought by three individuals threatened with removal to Rwanda, one of whom was represented by Asylum Aid, due to be heard shortly after the election in July 2024. When the Labour Government was elected, the new Home Secretary conceded those individual claims, agreeing to admit the people concerned to the UK asylum system and told the court that there were no flights scheduled to Rwanda and no plans to remove anyone to Rwanda. Asylum Aid’s client SY has since been granted refugee status in the UK.  

Asylum Aid’s claim was adjourned until October 2024 to allow the new Home Secretary to confirm her position with regard to the Safety of Rwanda Act and associated policy guidance challenged by Asylum Aid. Following the Home Secretary’s confirmation of her intention to repeal the SORA and associated policy guidance and that there are no plans to remove anyone to Rwanda, Asylum Aid has now withdrawn its claim by a consent order filed in court in October 2024, and sealed by the High Court on 13 January 2025. 

Asylum Aid was represented by Tessa Gregory, Carolin Ott and Stephanie Hill at Leigh Day and its counsel team was Charlotte Kilroy KC, Michelle Knorr, Rachel Jones and Flora Robertson.