Defeat in the Supreme Court - Where Next for UK Asylum Policy?

Abstract

On 15 November 2023, the UK Supreme Court (UKSC) unanimously declared the government’s policy of removing some asylum seekers to Rwanda to process their claims unlawful. Like the Court of Appeal, it found substantial grounds for believing that asylum seekers would face a real risk of ill-treatment because of insufficient guarantees against refoulement. This post explores the origin and significance of the UKSC judgment and the legal and policy implications of the UK government’s immediate response to it.

Keywords

• Extra- Territorial Asylum Processing
• Off-Shoring Asylum
• Right to Asylum
• Rwanda Policy