Govt. Rwanda response must respect rule of law

The Rule of Law Committee of the Bar of Northern Ireland has urged the Westminster Government to respect the function of the Courts and the rule of law following the Rwanda judgment and the Government’s response to the Supreme Court ruling.

The Rule of Law Committee stated:

“The Supreme Court’s decision last week in the “Rwanda Appeals” hearing, and the Government’s subsequent statements in reaction to it have brought the Rule of Law and the independence of the judiciary back into focus once more.

“The Supreme Court upheld the decision of the Court of Appeal for England and Wales that the Home Office policy was unlawful, unanimously dismissing the Home Secretary’s appeal. It held that the Court of Appeal was correct to find, as a matter of fact, that there were substantial grounds for believing that asylum seekers removed to Rwanda under the policy would face a real risk of ill treatment by reason of being returned to their countries of origin.

“The Rule of Law Committee notes with concern, the subsequent statement made by the Prime Minister, that legislation may be introduced whereby Rwanda would be deemed ‘safe’; and yesterday that the Human Rights Act could be ‘disapplied’ to any such emergency legislation, with the purpose of removing the Act as a basis for legal challenge to this policy.

“It is the Committee’s view that legislation which has the purpose of reversing a Court’s finding of fact undermines the constitutional role of the judiciary, and the rule of law. This view is not lessened by the Government’s apparent willingness to contemplate departing from its obligations under international law.

“The Rule of Law Committee urges the Government to respect the function of the courts in civil society, its international obligations, and human rights.”

ENDS

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