Public Law Solicitors

The article The Safety of Rwanda (Asylum and Immigration) Act 2024, written by Toufique, provides his opinion on the enactment of the Act and the limited ways individuals can challenge their removal.

The Act, which received royal assent on April 25, 2024, was the government's response to the Supreme Court's judgment in AAA (Syria) and others v SSHD [2023] UKSC 42. This ruling, where Duncan Lewis’ Public Law Team represented several claimants, declared the Rwanda policy unlawful. Despite the introduction of a new treaty with Rwanda, Toufique argues that the Act fails to address the Supreme Court’s concerns about the real risk of ill-treatment for asylum seekers sent to Rwanda.

In the published article, Toufique criticises the Act for undermining the rule of law and judicial scrutiny by mandating that decision-makers, including courts, must treat Rwanda as a safe country, regardless of evidence to the contrary. He highlights the alarming implications for vulnerable individuals, particularly those detained in Immigration Removal Centres, many of whom have strong claims for refugee status or humanitarian protection.

While removals to Rwanda may still occur, Toufique points out that the Act allows limited legal challenges based on compelling individual circumstances. His article underscores the ongoing legal and humanitarian battle, advocating for the protection of fundamental rights and the rule of law.

The full article is available in the latest issue of the Solicitors Journal: The Safety of Rwanda (Asylum and Immigration) Act 2024

Public Law Toufique Hossain is recognised by both The Legal 500 and Chambers UK legal directories as a leading figure in the area of immigration and public law, with extensive experience litigating across a broad range of areas and conducting high profile class-action challenges to unlawful policies and practices that affect vulnerable individuals. Working predominantly under legal aid, the majority of his clients are asylum-seekers with many of them being victims of torture, sexual abuse, and trafficking. He remains committed to fighting for their right to liberty and to be granted refuge from persecution. For advice or assistance on a public law mater, contact Toufique by email at ToufiqueH@duncanlewis.com, or via telephone at 02031141128.

Duncan Lewis Public Law Team

Duncan Lewis are renowned for exceptional legal services and commitment to justice. The firm has the leading public law and immigration practice in the UK and its team provides expert support services for migrant workers in more than 60 languages.

The team frequently takes on and successfully brings challenges in some of the most high profile cases in the UK, including in relation to the Rwanda plan and Manston House. The company was recently crowned Law Firm of the Year 2024 at the LexisNexis Awards, and is noted for its commitment to providing justice for all.