European Court of Human Rights, case of N.S.K. v. the United Kingdom, 13 June 2022, App. no. 28774/22

Interim measure – UK-Rwanda agreement versus legal framework on the protection of refugees: primacy of minimum guarantees of human rights

Abstract

As part of its assessment, the European Court of Human Rights grants urgent interim measures in a case concerning asylum seeker’s imminent removal from the UK to Rwanda, taking into account the concerns raised by UNHCR that asylum-seekers transferred from the UK to Rwanda will not receive fair and efficient refugee status determination procedures resulting in a potential risk of refoulement. This contribution scrutinizes the partnership between the UK and Rwanda (a governmental agreement) in light of the international legal framework in order to draw out its legal value. Furthermore, the paper stresses the relevance of minimum human rights guarantees, especially for asylum seekers.