
Home Secretary confirms plans to repeal the Safety of Rwanda Act following legal challenge by Asylum Aid
The Home Secretary has confirmed her intention to seek to repeal the Safety of Rwanda (Asylum and Immigration) Act 2024 by Summer 2025. The related Safety of Rwanda policy guidance will also be withdrawn.
Posted on 29 January 2025
This comes ahead of the introduction of the Border Security, Asylum and Immigration Bill in Parliament, which will include provisions to give the border security system stronger powers to disrupt, investigate and prosecute criminals facilitating organised immigration crime.
Confirmation from the Home Secretary came in response to a legal challenge brought by Asylum Aid against the Home Office's controversial Rwanda plan, which proposed the removal of people seeking asylum from the UK to Rwanda.
The charity argued that the policy unlawfully instructed decision makers to ignore compelling evidence put forward by individuals, showing that they would be at risk of being sent from Rwanda to another country where they may face a risk of persecution, torture or death. Asylum Aid argued that the policy was therefore unlawful and misinterpreted the Safety of Rwanda Act.
The claim, originally filed in the High Court in May 2024, was adjourned until October 2024 to allow the new Home Secretary time to confirm her position regarding the legislation and the associated policy guidance.
The government reiterated that there are no plans to remove anyone to Rwanda under the Migration and Economic Development Partnership. As a result of these commitments, Asylum Aid withdrew its legal claim by way of a consent order that was sealed by the High Court on 13 January 2025.
Since the inception of the Rwanda plan in 2022, Leigh Day has represented Asylum Aid in fighting to protect the rights of asylum seekers facing removal.
Asylum Aid’s counsel team were Charlotte Kilroy KC, Rachel Jones and Flora Robertson of Blackstone Chambers and Michelle Knorr of Doughty Street Chambers.
Human Rights partner 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.”
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 not 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.”