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England and Wales decisions
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The High Court held that post-Brexit immigration law no longer bars implementing a child return order before asylum claims are decided, if non-refoulement is respected.
K (Children) (Application for return orders: Concurrent asylum claims) [2025] EWHC 450 (Fam) (28 February 2025)
The High Court held that, under the current domestic framework, it may implement a child return order before asylum claims are determined, if non-refoulement is respected.
The Court of Appeal held that, once the Secretary of State finds a refugee is a danger to national security, no further balancing exercise is required before revocation.
D8 v Secretary of State for the Home Department [2025] EWCA Civ 33 (22 January 2025)
The Court of Appeal held that no balancing exercise was required before revoking refugee status on national security grounds, and allowed the Secretary of State’s appeal.
The Upper Tribunal held that Essa remains applicable post-EU exit, but upheld dismissal because section 72 was not rebutted and the appeal outcome did not change.
The Supreme Court held that the Rwanda removal policy was unlawful because there were substantial grounds to believe asylum seekers faced a real risk of refoulement.
AAA (Syria) & Ors, R (on the application of) v The Secretary of State for the Home Department (Rev1) [2023] EWCA Civ 745 (29 June 2023)
Court of Appeal appeal on Rwanda removals. The court held the Divisional Court used the wrong test on article 3 safety and that there were substantial grounds for risk.
BAA & Ors v Commissioner of the British Indian Ocean Territory Administration (Paul Candler) & Ors [2023] EWHC 767 (KB) (31 March 2023)
The High Court refused an interim injunction sought by five asylum seekers in Rwanda to stop their return to Diego Garcia, finding the balance of convenience against relief.
The Divisional Court refused interim injunctive relief sought by five asylum-seeking claimants in Rwanda, holding the balance of convenience strongly favoured refusal.
Court of Appeal permission-to-appeal decision in the Rwanda scheme judicial review claims, granting permission on some grounds, refusing others, and deferring one ground.
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