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N.S.K v United Kingdom – 28774/22

Country United Kingdom
Court EtCHR
Relevant Law Article 3
Year 2023
Found for N/A

The case involves an Iraqi asylum seeker challenging the UK’s asylum partnership arrangement (APA) with Rwanda. Initially denied relief, the Supreme Court later granted an interim measure, preventing the applicant’s removal due to concerns about Rwanda’s refugee status determination process.

The UK government’s request to lift the interim measure was rejected, as evidence of the applicant’s return was deemed insufficient. In December 2022, the High Court ruled the APA lawful but found flaws in individual cases, leading to the quashing of decisions. The claimants can appeal the APA’s lawfulness in April 2023.

The applicant argues that removal to Rwanda would violate Article 3 of the Convention, citing inadequate refugee status determination and potential risks. Despite decision quashing, the applicant asserts live Article 3 issues as of March 14, 2023, maintaining victim status pending an appeal in late April.