An addendum to the Memorandum of Understanding between the UK and Rwanda signed last month when Suella Braverman visited Rwanda has now been published. The memorandum aim is to “create a mechanism for the relocation to Rwanda of individuals arriving illegally in the United Kingdom, who do not make an asylum claim or raise a formal application for protection in the United Kingdom”. 

The main change included in this addendum seems to be that the agreement now also allows the transfer of people that have not claimed asylum in the UK.

The addendum also includes assurances as to the treatment of relocated individuals, apparently monitored by the Joint Committee and the Monitoring Committee, established under this agreement:

“5.1 Rwanda will provide Relocated Individuals arriving under the terms of this Addendum Arrangement with information detailing how to raise a claim for asylum or humanitarian protection upon arrival and adequate opportunity to raise such a claim.

5.2 In the case of a Relocated Individual who raises an asylum or humanitarian protection claim once they have arrived in Rwanda, the assurances and processes set out in paragraphs 9.1.1 to 9.1.3 and paragraph 10 of the Arrangement will be followed in the case of the Relocated Individual.

5.3 In the case of a Relocated Individual who does not raise an asylum claim or a protection claim in Rwanda, Rwanda will:

5.3.1 offer an opportunity for the Relocated Individual to apply for permission to remain in Rwanda on any other basis in accordance with its domestic immigration laws and ensure the Relocated Individual is provided with the relevant information needed to make such an application;

5.3.2 ensure the Relocated Individual has the same rights as other individuals making an application under Rwandan immigration laws;

5.3.3 provide adequate support and accommodation for the Relocated Individual’s health and security until such a time as their status is regularised or they leave or are removed from Rwanda; and

5.3.4 for those Relocated Individuals who have no basis upon which to remain in Rwanda, only remove such a person to a country in which they have a right to reside. If there is no prospect of such removal occurring for any reason Rwanda will regularise that person’s immigration status in Rwanda.”

You can read more about what is happening with the Rwanda deal in the courts here, and whether or when another flight might take off here.

Interested in refugee law? You might like Colin's book, imaginatively called "Refugee Law" and published by Bristol University Press.

Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.

Buy now