Who? Jed Pennington, partner in the public law and human rights team at Wilson Solicitors LLP, London.
Why is he in the news? Representing one of the asylum seekers who has won permission to challenge the December 2022 High Court judgment which dismissed general challenges to the government’s Rwanda removals policy. The Court of Appeal hearing will take place from 24-27 April.
Thoughts on the case: ‘My client (anonymised as ASM) is part of a group of legal challenges to the government’s policy of relocating asylum seekers to Rwanda. From the outset there has been close collaboration with other legal teams: Duncan Lewis, Leigh Day and Barnes Harrild & Dyer.
‘The particular grounds my client is appealing on are, first, that the policy breaches retained EU law (the asylum procedures directive) and, second, that it breaches legislation incorporating the Refugee Convention into UK law (on the basis that it breaches the obligation under the Vienna Convention to comply with treaty obligations in good faith).
‘When I accepted instructions, my client was held in immigration detention and had been one of the first to be selected for removal to Rwanda. There were multiple legal and evidential challenges to contend with in unrealistically short timescales.
‘My client was taken off the June 2022 flight following a positive initial modern slavery decision (he has since received a conclusive grounds decision that he is a victim of modern slavery). Others had to pursue applications for interim relief, culminating in interim measures issued by the European Court of Human of Rights.’
A Home Office spokesperson said: ‘Our thorough assessment of Rwanda found that it is a safe and secure country with a track record of supporting asylum seekers. The court recently upheld this and found that our policy is lawful. We remain committed to delivering this policy and will continue to robustly defend the Migration Partnership against further legal challenges.’
Dealing with the media: ‘I have made time for the media because of the importance of the issues – people need to understand that this and other government policies represent an existential threat to this country’s asylum system. Once implemented, they will be very difficult to undo. More broadly, the policies represent an existential threat to the international asylum system, with other western countries indicating a desire to follow the UK’s lead.’
Why did you become a lawyer? ‘I have been working with refugees and other people in the immigration system for 17 years and I have seen how the work of lawyers can and does change people’s lives for the better.’
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