When British officials first travelled to Rwanda to discuss an agreement to send some migrants who arrive in the UK as stowaways to the African country, the issue of legal challenges was top of the agenda.
Not only was London prepared to grant certain undertakings to Rwanda, it also needed to ensure the set-up on the ground — particularly around the treatment of those deported, the options granted to those people by Rwandan authorities and the process around resettlement — would convince the courts that deportees' rights were not being infringed.
The British courts have not yet made a ruling on these issues but judges have refused to stop the deportation flights, finding the government had done its groundwork and would abide by any later rulings.
The European Court of Human Rights took a different stance when asked to consider the matter on Tuesday, grounding the first flight.
The ECHR judge granted the appeals while the passengers were on their way from a detention centre near Heathrow to Boscombe Down in Wiltshire, from where a chartered aircraft — estimated to have cost the taxpayer £500,000 and counting — was waiting to take them to Kigali.
After reviewing the case of an Iraqi man, who crossed the Channel by small boat before claiming asylum in May, the ECHR said his rights could only be safeguarded by stopping the deportation until a court considered his appeal.
A risk of ill-treatment in Rwanda, an absence of a legally enforced mechanism to return to the UK, and the fact the African state was outside the ECHR, formed reasons for the court to conclude that an injunction should be granted.
Similar injunctions were later granted for the remaining deportees until none were left. Its ruling took into account the assessment of the UN High Commissioner for Refugees that asylum seekers do not have access to “fair and efficient procedures for the determination of refugee status” in Rwanda.
Judges in the UK Court of Appeal took the view that UNCHR reports should not be decisive, noting the government had presented formal documents on arrangements for transfer and how the undertakings would be put into practice. Justice Jonathan Swift concluded that Home Secretary Priti Patel was entitled to pursue plans to deport asylum seekers on Tuesday’s scheduled flight, adding that a judicial review of the policy in July would conclude whether or not it was legal.
In contrast, the ECHR said no person should be forcibly removed to Rwanda until at least three weeks after the July hearing was concluded.
The last-minute intervention was a welcome turn of events for the growing number of vocal and active oppositions to the controversial policy. More than 160 charities and campaign groups have criticised the £120 million ($145m) plan to use Rwanda as the UK’s offshoring asylum centre. Several public figures, including the entire senior leadership of the Church of England and Prince Charles, have denounced the plans.
While a boon for campaigners, the ECHR ruling has led to fears the UK might withdraw from the European Courts system altogether, after Prime Minister Boris Johnson suggested “some laws” might need to be changed to “help us along”.
“The legal world is very good at picking up ways of trying to stop the government from upholding what we think is a sensible law,” said Mr Johnson when asked whether it was time for the UK to withdraw from the ECHR — which is not a European Union institution — following the court’s judgement on Tuesday evening.
“Will it be necessary to change some laws to help us as we go along? It may very well be and all these options are under constant review.”
However, Therese Coffey, work and pensions secretary, looked to downplay the suggestions of a withdrawal on Wednesday morning saying she was “not aware of any moves” to do so.
“Right now I am not aware of any decisions or even hints about that,” she told Sky News.
Ms Coffey said she expected the government would challenge a late-night ruling by the European Court of Human Rights, which led to the cancellation of the first deportation flight taking asylum seekers to Rwanda.
“The most important thing is that we tackle this issue right now. We will go back, I am sure, to the ECHR to challenge this initial ruling.”
What is the European Court of Human Rights?
The European Court of Human Rights is an international court set up in 1959 to rule on individual or state applications alleging violations of the civil and political rights set out in the European Convention on Human Rights.
Its judgments are binding on the 46 Council of Europe member states that have ratified the Convention.
What is the difference between the Council of Europe and the European Union?
The Council of Europe is the continent’s leading human rights organisation, while the European Union is an economic and political partnership.
While Brexit represented the UK’s departure from the European Union, it is still a member of the Council of Europe and therefore remains beholden to the European Court and European Convention on Human Rights.
What is the European Convention on Human Rights?
The European Convention on Human Rights was developed amid the Second World War to ensure that governments would never again be allowed to dehumanise and abuse people’s rights with impunity.
It came into full effect in 1953 and intends to serve as a simple and flexible roundup of universal rights, which could be adapted over time.
Articles listed in the Convention include the right to a fair trial, right to liberty and security, and the prohibition of torture and cruel, inhuman and degrading treatment.
Why did the European Court of Human Rights intervene in the Rwanda flight?
The European Court of Human Rights confirmed it had granted an urgent interim measure with regards to an Iraqi national, and it is understood the court was considering a number of further requests.
The appeals were considered by an out-of-hours judge, overruling the UK rulings.
It is understood that, at present, there is not a route for the Home Office to appeal.
The European Court has indicated to the UK government that the Iraqi national should not be removed to Rwanda until three weeks after the delivery of the final domestic decision in his ongoing judicial review proceedings.
How does the European Convention relate to the UK’s Human Rights Act?
The UK was the very first nation to ratify the convention in March 1951.
The Human Rights Act of 1998 enshrined the European Convention on Human Rights into British law, allowing the rights guaranteed by the Convention to be enforced in UK courts.
However, the government has vowed to scrap the Human Rights Act and replace it with a new Bill of Rights, after a pledge to reform human rights laws was included in the Tory manifesto in 2019.
The government said the changes will strengthen “freedom of speech” and bring “proper balance” between the rights of individuals and effective politics.
Test
Director: S Sashikanth
Cast: Nayanthara, Siddharth, Meera Jasmine, R Madhavan
Star rating: 2/5
more from Janine di Giovanni
More from Neighbourhood Watch:
What the law says
Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.
“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.
“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”
If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.
The five new places of worship
Church of South Indian Parish
St Andrew's Church Mussaffah branch
St Andrew's Church Al Ain branch
St John's Baptist Church, Ruwais
Church of the Virgin Mary and St Paul the Apostle, Ruwais
The specs
Engine: 2.0-litre 4-cylinder turbo
Power: 240hp at 5,500rpm
Torque: 390Nm at 3,000rpm
Transmission: eight-speed auto
Price: from Dh122,745
On sale: now
ETFs explained
Exhchange traded funds are bought and sold like shares, but operate as index-tracking funds, passively following their chosen indices, such as the S&P 500, FTSE 100 and the FTSE All World, plus a vast range of smaller exchanges and commodities, such as gold, silver, copper sugar, coffee and oil.
ETFs have zero upfront fees and annual charges as low as 0.07 per cent a year, which means you get to keep more of your returns, as actively managed funds can charge as much as 1.5 per cent a year.
There are thousands to choose from, with the five biggest providers BlackRock’s iShares range, Vanguard, State Street Global Advisors SPDR ETFs, Deutsche Bank AWM X-trackers and Invesco PowerShares.
The specs
Engine: 3.8-litre, twin-turbo V8
Transmission: eight-speed automatic
Power: 582bhp
Torque: 730Nm
Price: Dh649,000
On sale: now
Killing of Qassem Suleimani
Specs
Engine: Duel electric motors
Power: 659hp
Torque: 1075Nm
On sale: Available for pre-order now
Price: On request
UAE currency: the story behind the money in your pockets
Tips to keep your car cool
- Place a sun reflector in your windshield when not driving
- Park in shaded or covered areas
- Add tint to windows
- Wrap your car to change the exterior colour
- Pick light interiors - choose colours such as beige and cream for seats and dashboard furniture
- Avoid leather interiors as these absorb more heat
Points Classification
1. Marcel Kittel (Germany / Quick-Step) 63
2. Arnaud Demare (France / FDJ) 38
3. Andre Greipel (Germany / Lotto) 25
4. Sonny Colbrelli (Italy / Bahrain) 24
5. Mark Cavendish (Britain / Dimension Data) 22
6. Taylor Phinney (U.S. / Cannondale) 21
7. Geraint Thomas (Britain / Team Sky) 20
8. Thomas Boudat (France / Direct Energie) 20
9. Stefan Kueng (Switzerland / BMC Racing) 17
10. Michael Matthews (Australia / Sunweb) 17
Infiniti QX80 specs
Engine: twin-turbocharged 3.5-liter V6
Power: 450hp
Torque: 700Nm
Price: From Dh450,000, Autograph model from Dh510,000
Available: Now
How to donate
Send “thenational” to the following numbers or call the hotline on: 0502955999
2289 – Dh10
2252 – Dh 50
6025 – Dh20
6027 – Dh 100
6026 – Dh 200
Pharaoh's curse
British aristocrat Lord Carnarvon, who funded the expedition to find the Tutankhamun tomb, died in a Cairo hotel four months after the crypt was opened.
He had been in poor health for many years after a car crash, and a mosquito bite made worse by a shaving cut led to blood poisoning and pneumonia.
Reports at the time said Lord Carnarvon suffered from “pain as the inflammation affected the nasal passages and eyes”.
Decades later, scientists contended he had died of aspergillosis after inhaling spores of the fungus aspergillus in the tomb, which can lie dormant for months. The fact several others who entered were also found dead withiin a short time led to the myth of the curse.
GAC GS8 Specs
Engine: 2.0-litre 4cyl turbo
Power: 248hp at 5,200rpm
Torque: 400Nm at 1,750-4,000rpm
Transmission: 8-speed auto
Fuel consumption: 9.1L/100km
On sale: Now
Price: From Dh149,900
Children who witnessed blood bath want to help others
Aged just 11, Khulood Al Najjar’s daughter, Nora, bravely attempted to fight off Philip Spence. Her finger was injured when she put her hand in between the claw hammer and her mother’s head.
As a vital witness, she was forced to relive the ordeal by police who needed to identify the attacker and ensure he was found guilty.
Now aged 16, Nora has decided she wants to dedicate her career to helping other victims of crime.
“It was very horrible for her. She saw her mum, dying, just next to her eyes. But now she just wants to go forward,” said Khulood, speaking about how her eldest daughter was dealing with the trauma of the incident five years ago. “She is saying, 'mama, I want to be a lawyer, I want to help people achieve justice'.”
Khulood’s youngest daughter, Fatima, was seven at the time of the attack and attempted to help paramedics responding to the incident.
“Now she wants to be a maxillofacial doctor,” Khulood said. “She said to me ‘it is because a maxillofacial doctor returned your face, mama’. Now she wants to help people see themselves in the mirror again.”
Khulood’s son, Saeed, was nine in 2014 and slept through the attack. While he did not witness the trauma, this made it more difficult for him to understand what had happened. He has ambitions to become an engineer.
The specs
- Engine: 3.9-litre twin-turbo V8
- Power: 640hp
- Torque: 760nm
- On sale: 2026
- Price: Not announced yet
MOUNTAINHEAD REVIEW
Starring: Ramy Youssef, Steve Carell, Jason Schwartzman
Director: Jesse Armstrong
Rating: 3.5/5
MATCH STATS
Wolves 0
Aston Villa 1 (El Ghazi 90 4' pen)
Red cards: Joao Moutinho (Wolves); Douglas Luiz (Aston Villa)
Man of the match: Emi Martinez (Aston Villa)
RACE SCHEDULE
All times UAE ( 4 GMT)
Friday, September 29
First practice: 7am - 8.30am
Second practice: 11am - 12.30pm
Saturday, September 30
Qualifying: 1pm - 2pm
Sunday, October 1
Race: 11am - 1pm
The smuggler
Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple.
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.
Khouli conviction
Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.
For sale
A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.
- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico
- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000
- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950
War 2
Director: Ayan Mukerji
Stars: Hrithik Roshan, NTR, Kiara Advani, Ashutosh Rana
Rating: 2/5
And%20Just%20Like%20That...
%3Cp%3E%3Cstrong%3EDirector%3A%3C%2Fstrong%3E%20Various%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EStars%3A%3C%2Fstrong%3E%20Sarah%20Jessica%20Parker%2C%20Cynthia%20Nixon%2C%20Kristin%20Davis%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%203%2F5%3C%2Fp%3E%0A
MATCH INFO
Uefa Champions League final:
Who: Real Madrid v Liverpool
Where: NSC Olimpiyskiy Stadium, Kiev, Ukraine
When: Saturday, May 26, 10.45pm (UAE)
TV: Match on BeIN Sports
Tuesday results:
- Singapore bt Malaysia by 29 runs
- UAE bt Oman by 13 runs
- Hong Kong bt Nepal by 3 wickets
Final:
Thursday, UAE v Hong Kong
Red flags
- Promises of high, fixed or 'guaranteed' returns.
- Unregulated structured products or complex investments often used to bypass traditional safeguards.
- Lack of clear information, vague language, no access to audited financials.
- Overseas companies targeting investors in other jurisdictions - this can make legal recovery difficult.
- Hard-selling tactics - creating urgency, offering 'exclusive' deals.
Courtesy: Carol Glynn, founder of Conscious Finance Coaching
UAE currency: the story behind the money in your pockets
