(5) Subsections (4) to (8) of section 39 of the Illegal Migration Act 2023 (examples of serious and irreversible harm) apply (with any necessary modifications) for the purposes of subsections (3) and (4) as they apply for the purposes of that Act.
(6) Subsections (3) and (4) do not apply to any review or appeal relating to a decision to remove a person to the Republic of Rwanda under the Illegal Migration Act 2023 (see instead section 54 of that Act).
(7) In this section—
- “interim remedy” means any interim remedy or relief however described (including, in particular, an interim injunction or interdict);
- “relevant decision” means a decision taken by the Secretary of State or an immigration officer (under any applicable provision of, or made under, the Immigration Acts) that the Republic of Rwanda is a safe country for the person in question.
5Interim measures of the European Court of Human Rights
(1) This section applies where the European Court of Human Rights indicates an interim measure in proceedings relating to the intended removal of a person to the Republic of Rwanda under, or purportedly under, a provision of, or made under, the Immigration Acts.
(2) It is for a Minister of the Crown (and only a Minister of the Crown) to decide whether the United Kingdom will comply with the interim measure.
(3) Accordingly, a court or tribunal must not have regard to the interim measure when considering any application or appeal which relates to a decision to remove the person to the Republic of Rwanda under a provision of, or made under, the Immigration Acts.
(4) In this section—
- (a) a reference to “the Immigration Acts” does not include the Illegal Migration Act 2023 (see instead section 55 of that Act);
- (b) a reference to a Minister of the Crown is to a Minister of the Crown acting in person.
6Report about victims of modern slavery or human trafficking
(1) The Secretary of State must—
- (a) prepare and publish an annual report about the operation of this Act as it relates to the modern slavery and human trafficking provisions in Article 13 of the Rwanda Treaty, and
- (b) lay a copy of each report before Parliament.
(2) The first report must—
- (a) relate to the period of 12 months beginning with the day on which this Act comes into force, and
- (b) be laid before Parliament and published as soon as reasonably practicable after the end of that period.
