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Safety of Rwanda (Asylum and Immigration) Act 2024

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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),

(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.

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