James Robottom: The Safety of Rwanda Act, Slavery and the Common Law


Commentary on the Safety of Rwanda (Asylum and Immigration) Act (“RA”), which is shortly to receive Royal Assent, has concentrated principally on its deeming of Rwanda as a safe country whilst ousting the supervision of courts. This post considers a separate issue – section 4 of the Act as it applies to victims of slavery (“VOS”). Section 4 provides a carve out from the Act’s deeming provisions where the Home Secretary considers Rwanda is unsafe for an individual “based on compelling evidence relating specifically to their particular individual circumstances”. It also provides courts with a power of review of that question.

This post argues that, read in the light of the common law constitutional prohibition of slavery (“POS”), s.4 should prevent all suspected and confirmed victims of slavery from being removed against their will to Rwanda without, at the least, a detailed assessment of their specific risks of re-trafficking there.

Click here for the full article.