- (a) the Secretary of State or an immigration officer when making a decision relating to the removal of a person to the Republic of Rwanda under any provision of, or made under, the Immigration Acts;
- (b) a court or tribunal when considering a decision of the Secretary of State or an immigration officer mentioned in paragraph (a).
(3) As a result of subsection (1), a court or tribunal must not consider a review of, or an appeal against, a decision of the Secretary of State or an immigration officer relating to the removal of a person to the Republic of Rwanda to the extent that the review or appeal is brought on the grounds that the Republic of Rwanda is not a safe country.
(4) In particular, a court or tribunal must not consider—
- (a) any claim or complaint that the Republic of Rwanda will or may remove or send a person to another State in contravention of any of its international obligations, including in particular its obligations under the Refugee Convention,
- (b) any claim or complaint that a person will not receive fair and proper consideration of an asylum, or other similar, claim in the Republic of Rwanda, or
- (c) any claim or complaint that the Republic of Rwanda will not act in accordance with the Rwanda Treaty.
(5) Subsections (3) and (4) apply notwithstanding—
- (a) any provision made by or under the Immigration Acts,
- (b) the Human Rights Act 1998, to the extent disapplied by section 3 (disapplication of the Human Rights Act 1998),
- (c) any other provision or rule of domestic law (including any common law), and
- (d) any interpretation of international law by the court or tribunal.
3Disapplication of the Human Rights Act 1998
(1) The provisions of this Act apply notwithstanding the relevant provisions of the Human Rights Act 1998, which are disapplied as follows.
(2) The relevant provisions are— (a) section 2 (interpretation of Convention rights), (b) section 3 (interpretation of legislation), and (c) sections 6 to 9 (acts of public authorities).
(3) Section 2 does not apply where a court or tribunal is determining a question relating to whether the Republic of Rwanda is a safe country for a person to be removed to under any provision of, or made under, the Immigration Acts.
(4) Section 3 does not apply in relation to this Act.
(5) Sections 6 to 9 do not apply in relation to—
- (a) a decision taken on the basis of section 2(1) of this Act (decision-makers to treat Rwanda as safe),
