The FDA trade union’s High Court challenge over the Government’s Safety of Rwanda Act will be heard in the first week of June, a judge has ruled.
The trade union, which represents senior civil servants, previously said it was bringing legal action over the relationship of the Civil Service Code with the Government’s Safety of Rwanda Act.
In an order on Friday, judge Mr Justice Chamberlain said the case would be heard on one day, to be listed between June 4 and 7, at the Royal Courts of Justice in London.
The judge also said the legal action was being brought against the Cabinet Office, with the Home Office listed as an interested party.
He continued: “It would not be right to say anything about the merits of the claim at this stage.
“However, it appears from the claim that some civil servants believe, or have been advised, that it would be contrary to their terms and conditions to comply with a ministerial decision to proceed with Rwanda removals in the face of a rule 39 measure.
“The prospect that they will be asked to act contrary to a rule 39 measure, whilst far from certain, is also not hypothetical, given the Government’s public statements on this subject.
“That being so, there is a powerful public interest in the determination of this claim in advance of the point when any rule 39 measure might be indicated.”
A Rule 39 interim measure from the European Court of Human Rights – branded a “pyjama injunction” because it can be issued outside normal court hours – contributed to the grounding in 2022 of the first flight that was set to carry asylum seekers to Rwanda.
The FDA’s challenge concerns guidance from the Cabinet Office to civil servants which says they will be acting in line with the Civil Service Code if they follow a Minster’s decision to remove asylum seekers to Rwanda, even if a Rule 39 measure has been made.
In Friday’s order, Mr Justice Chamberlain continued: “The claimant says that this guidance is wrong in law and that civil servants would be acting contrary to the code, as presently drafted, and therefore contrary to their terms and conditions of employment, if they acted contrary to such an interim measure.”
The judge also said the Government had told the High Court that the earliest dates individuals are expected to be removed to Rwanda is July 1-15.