I12Safety of the Republic of Rwanda

1

Every decision-maker must conclusively treat the Republic of Rwanda as a safe country.

2

A decision-maker means—

a

the Secretary of State or an immigration officer when making a decision relating to the removal of a person to the Republic of Rwanda under any provision of, or made under, the Immigration Acts;

b

a court or tribunal when considering a decision of the Secretary of State or an immigration officer mentioned in paragraph (a).

3

As a result of subsection (1), a court or tribunal must not consider a review of, or an appeal against, a decision of the Secretary of State or an immigration officer relating to the removal of a person to the Republic of Rwanda to the extent that the review or appeal is brought on the grounds that the Republic of Rwanda is not a safe country.

4

In particular, a court or tribunal must not consider—

a

any claim or complaint that the Republic of Rwanda will or may remove or send a person to another State in contravention of any of its international obligations, including in particular its obligations under the Refugee Convention,

b

any claim or complaint that a person will not receive fair and proper consideration of an asylum, or other similar, claim in the Republic of Rwanda, or

c

any claim or complaint that the Republic of Rwanda will not act in accordance with the Rwanda Treaty.

5

Subsections (3) and (4) apply notwithstanding—

a

any provision made by or under the Immigration Acts,

b

the Human Rights Act 1998, to the extent disapplied by section 3 (disapplication of the Human Rights Act 1998),

c

any other provision or rule of domestic law (including any common law), and

d

any interpretation of international law by the court or tribunal.