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In a landmark development, the Home Office has agreed to consider the asylum claims of everyone in the cohort designated for removal to Rwanda, prioritising their cases within the UK asylum system. This decision comes after an asylum seeker, known as AMX, brought a claim for judicial review earlier this year, represented by Duncan Lewis Solicitors.

AMX's claim challenged the Secretary of State for the Home Department's delay in deciding the admissibility of individual asylum claims and the lawfulness of the department’s "pause" in decision-making regarding those issued with notices of intent (NOIs) for possible removal to Rwanda.

These NOIs were issued under the Migration and Economic Development Partnership (MEDP) between the UK and Rwanda, initiated in April 2022.

From mid-May 2022, the Secretary of State for the Home Department (SSHD) began issuing NOIs to asylum seekers who arrived in the UK via dangerous journeys and had connections with safe third countries. The legal challenge led to the Home Office agreeing to settle AMX's claim by admitting him to the UK asylum process. However, AMX insisted that the policy affecting thousands of others also needed resolution.

Late on Thursday, 18 July, the SSHD confirmed that all individuals within the MEDP cohort would have their asylum claims substantively determined in the UK. This decision follows a hearing before Collins Rice J, where the claim was compromised.

The Home Office has agreed to treat these claimants as having joined the UK asylum system on the date they first claimed asylum. This means their claims will be prioritised, generally ahead of cases where asylum was claimed later. According to the 'Asylum Decision Making Prioritisation Guidance' dated 11 October 2023, exceptional cases, such as those involving serious health problems, will also be prioritised.

The Court has issued a model order, allowing for the settlement of other similar claims.

The MEDP was introduced as part of the UK government's controversial attempt to tackle illegal immigration by transferring asylum seekers to Rwanda for their claims to be processed. The policy faced widespread criticism and legal challenges, with concerns about the safety and fairness of sending asylum seekers to Rwanda. It was argued that the policy violated international human rights obligations and failed to provide adequate protections for vulnerable individuals.

The legal team at Duncan Lewis included Toufique Hossain, Bahar Ata, Ben Nelson, and Thomas Munns instructing Alex Goodman KC  of Landmark Chambers and Ali Bandegani of Garden Court with support from George Macquisten, Haroon Karimdad, Katie Nelson, Joshua Chua, Oskar Butcher, and Ellen Mccormack.

For more information, visit Duncan Lewis Solicitors

About Duncan Lewis Solicitors:

Duncan Lewis Solicitors is a renowned law firm recognised for its comprehensive legal services and commitment to justice. The firm is listed in the Times Top 250 law firms and has a formidable reputation across numerous fields of law where it is ranked Top Tier in both the prestigious legal guides, The Legal 500 and Chambers and Partners. Duncan Lewis was this year crowned Law Firm of the Year at the LexisNexis awards 2024, following on from the previous year where it won in the same category at the Modern Law Awards 2023.

Our immigration and public law team is particularly noted for its successes in handling complex cases involving human rights, asylum seekers, and vulnerable individuals, including Brook House, the Rwanda Challenge and Manston House. We are dedicated to providing the highest level of legal representation to ensure that our clients' rights are upheld and protected.