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.