Clause 2 - Safety of the Republic of Rwanda
Amendment proposed: 10, in clause 2, page 3, line 13, leave out subsection (5) and insert—
“(5A) This Act and the Illegal Migration Act 2023 will have effect in relation to removals to Rwanda notwithstanding—
(a) any provision made by or under the Immigration Acts,
(b) the Human Rights Act 1998,
(c) EU derived law and case law retained under sections 2 to 7 of the European Union (Withdrawal) Act 2018,
(d) any other provision or rule of domestic law (including any common law), and
(e) international law, including any interpretation of international law by the court or tribunal.
(5B) Nothing identified in paragraphs (a) to (e) of subsection (5A) may prevent or delay the removal to Rwanda of an individual under this Act or the Illegal Migration Act 2023, or affect the interpretation or application of any provision of this Act or the Illegal Migration Act 2023, including the actions or policies of public authorities, in relation to the removal of a person to Rwanda.
(5C) To the extent that any provision or requirement included in paragraphs (a) to (e) of subsection (5A) has been given effect to in legislation (including the Asylum and Immigration Appeals Act 1993, the Nationality, Immigration and Asylum Act 2002 and the Asylum and Immigration (Treatment of Claimants etc) Act 2004), that legislation does not apply in relation to provision made by or by virtue of this Act or the Illegal Migration Act 2023 in relation to the removal of an individual to Rwanda, and shall not prevent or delay the removal to Rwanda of an individual under this Act or the Illegal Migration Act 2023.
(5D) A person or body to which subsection (5E) applies may not have regard to international law, in the circumstances mentioned in subsection (5G).
(5E) This subsection applies to —
(a) the Secretary of State or an immigration officer when exercising any function related to removing, or considering for removal a person to Rwanda under this Act or the Illegal Migration Act 2023,
(b) a court or tribunal when considering any application or appeal which relates to a decision or purported decision to remove, or to consider the removal of a person to Rwanda under this Act or the Illegal Migration Act 2023.
(5F) No inference is to be drawn from this section as to whether or not a person or body mentioned in subsection (5E) would otherwise have been required to have regard to international law.
(5G) The Asylum and Immigration Appeals Act 1993 is amended as follows.
(5H) In section 2 at the end insert “except in relation to the removal of a person to Rwanda under the Safety of Rwanda (Asylum and Immigration) Act 2024 and the Illegal Migration Act 2023”.”—(Sir William Cash.)