- (b) a decision as to whether to grant an interim remedy on the basis of section 4(4) of this Act (interim remedies: serious and irreversible harm), or
- (c) a decision taken on the basis of section 4(1) of this Act (decisions based on particular individual circumstances)—
- (i) under section 42(2), 44(6)(a) or 45(3) of the Illegal Migration Act 2023 (serious and irreversible harm) in relation to the removal of a person under that Act to the Republic of Rwanda, or
- (ii) under section 44(6)(a) of the Illegal Migration Act 2023, as applied by section 2AA of the Special Immigration Appeals Commission Act 1997 (appeals to the Special Immigration Appeals Commission: serious and irreversible harm), in relation to the removal of a person under the Illegal Migration Act 2023 to the Republic of Rwanda.
4Decisions based on particular individual circumstances
(1) Section 2 does not prevent—
- (a) the Secretary of State or an immigration officer from deciding (under any applicable provision of, or made under, the Immigration Acts) whether the Republic of Rwanda is a safe country for the person in question, based on compelling evidence relating specifically to the person’s particular individual circumstances (rather than on the grounds that the Republic of Rwanda is not a safe country in general), or
- (b) a court or tribunal considering a review of, or an appeal against, a relevant decision to the extent that the review or appeal is brought on the grounds that the Republic of Rwanda is not a safe country for the person in question, based on compelling evidence relating specifically to the person’s particular individual circumstances (rather than on the grounds that the Republic of Rwanda is not a safe country in general).
(2) But subsection (1) does not permit a decision-maker to consider any matter, claim or complaint to the extent that it relates to the issue of whether the Republic of Rwanda will or may remove or send the person in question to another State in contravention of any of its international obligations (including in particular its obligations under the Refugee Convention).
(3) Where a court or tribunal is considering a review or an appeal as mentioned in subsection (1)(b), any power of the court or tribunal to grant an interim remedy (whether on an application of the person in question or otherwise) is restricted as follows.
(4) The court or tribunal may grant an interim remedy that prevents or delays, or that has the effect of preventing or delaying, the removal of the person to the Republic of Rwanda only if the court or tribunal is satisfied that the person would, before the review or appeal is determined, face a real, imminent and foreseeable risk of serious and irreversible harm if removed to the Republic of Rwanda.
